How Fare the Winds of Change – An Update on Disclosure in Civil Litigation

14 June 2019

On 1 January this year, the Business & Property Courts rolled out the ‘Disclosure Pilot Scheme’ (DPS). Six months on we revisit the DPS and examine how it has been approached by the Court.

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Non-Party Allowed Access to Court Documents for use in Arbitration

5 April 2019

In a potential controversial decision, the Commercial Court has granted a third party the right to access copies of documents disclosed in High Court litigation to remove an arbitrator, despite the usual confidentiality of arbitration proceedings.

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Collateral purpose or collateral damage?

16 January 2019

The High Court’s ruling in Glaxo Wellcome UK Limited v Sandoz Limited provides a useful example of circumstances in which disclosed documents can be used other than in the proceedings in which they were disclosed, even if that may damage the disclosing party.

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The Expanding Reach of the SFO

6 December 2018

In R (On The Application Of KBR Inc) v The Director of the Serious Fraud Office [2018], the High Court confirmed, for the first time, the SFO’s ability to compel the production of documents held by a foreign company located outside the jurisdiction, where there is was ‘sufficient connection’ between the company and the UK.

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Which litigation documents can non-parties obtain?

10 September 2018

The Court of Appeal has provided clarificatory guidance as to what documents generated by legal proceedings are accessible to non-parties.

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