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Evidence United Kingdom

Morgan Lewis

UK Government Calls for Evidence on the Reform of Carried Interest

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On 29 July, the UK government issued a call for evidence in connection with its proposed reform of the UK taxation of carried interest. Noting that the tax treatment of carried interest is the subject of considerable debate,...more

Cooley LLP

Cross-Border Considerations for Protecting Privileged Evidence

Cooley LLP on

On 6 June 2024, Sascha Grimm from our London office, Teresa Michaud from our Los Angeles office and Jonas Koponen from our Brussels office hosted a webinar on Cross-Border Considerations for Protecting Privileged Evidence....more

Walkers

Fair treatment of expert evidence: Tui UK Ltd (respondent) V Griffiths (appellant)

Walkers on

In our recent article covering litigation privilege and its reach to expert support (available here) we considered whether litigation privilege may be claimed over all the correspondence with a third party expert / a...more

White & Case LLP

CMA v CAT: High Court supports home search warrants in cartel cases

White & Case LLP on

On 22 April 2024, the UK High Court handed down its judgment that the Competition Appeal Tribunal had erred in law when it previously refused to grant the Competition & Markets Authority a warrant to search a domestic...more

Mayer Brown

English High Court Sets Aside Fundamental Rights to Support CMA Raids of Private Residential Premises | Consequences for...

Mayer Brown on

The English High Court has issued a landmark judgment confirming the ability of the UK Competition and Markets Authority ("CMA") to conduct raids of private residential premises when investigating suspected cartels....more

EDRM - Electronic Discovery Reference Model

General Data Protection Regulation Guidelines

Parties that have possession, custody, or control of evidence potentially relevant to U.S. litigation or investigations are typically required to identify, collect, preserve, and produce such evidence (with limited...more

BCLP

Disputes in Focus: Quick Q&A on International Disputes - Important Points to Note

BCLP on

According to data released by the Ministry of Justice 63% of cases listed in 2022 and 69% of cases listed in Q1/Q2 2023 in the Commercial Court involved at least one non-UK registered party. Despite the increasing frequency...more

Morrison & Foerster LLP - MoFo+

MOFO Assists UK Charity In Criminal Appeal To Overturn Wrongful Conviction And Life Sentence

MoFo recently assisted APPEAL, a UK charity and law practice dedicated to fighting miscarriages of justice, in helping to overturn Andrew Malkinson’s wrongful conviction for rape, for which he spent over 17 years in prison....more

A&O Shearman

Extended pre-investigative powers for the UK Serious Fraud Office coming soon

A&O Shearman on

The UK Government is expanding the scope of the Serious Fraud Office’s (SFO) power to compel individuals and companies to provide information before a formal SFO investigation is commenced. Currently the power can only be...more

J.S. Held

Fire Strategy in St. James’s Oncology v Lendlease and the Building Safety Act – An Architect’s Perspective

J.S. Held on

Since the major fire event at Grenfell Tower in June 2017, a significant period of cultural and professional change has occurred within the construction industry in regard to fire safety. During this period, we have seen the...more

BCLP

UK HR two-minute monthly: marital status discrimination, private WhatsApp messages as tribunal evidence, sickness...

BCLP on

Our February update includes new cases on marital status discrimination, including a general refresher on direct discrimination, a case of whether private WhatsApp messages can be used in tribunal proceedings, and how to deal...more

Jones Day

Fraud, Electronic Data Sources and Claims to Privilege in the United Kingdom—Lessons From Brian Glasgow v David Ames

Jones Day on

In Short - The Situation: Insolvency officeholders increasingly find their investigations into a company's affairs frustrated by the comingling of records on a "group" server. Claims to privilege by other group entities (or...more

Dechert LLP

Le Parquet national financier publie de nouvelles lignes directrices

Dechert LLP on

Il y a cinq ans, la France a promulgué sa loi anti-corruption, dite loi Sapin II1. Cette loi a introduit des innovations importantes, y compris la possibilité pour les entreprises de se voir proposer et de négocier une...more

WilmerHale

The Continued Restricted Use of Information Obtained via Mutual Legal Assistance Request

WilmerHale on

On 4 November 2022, in the case of FCA v Papadimitrakopoulos & Gryparis1 , the UK High Court reaffirmed the principle that information obtained via Mutual Legal Assistance (MLA) requests can only be used for the purpose for...more

Cooley LLP

Injunctions against “persons unknown” – uncertainty ahead

Cooley LLP on

Injunctions against “persons unknown” have increased in popularity in recent years; however, the judgment in MBR Acres Ltd and others v McGivern [2022] EWHC 2072 has cast doubt on how useful these injunctions will be in...more

BCLP

An update on relying on oral evidence from abroad in the UK Tax Tribunal

BCLP on

In this blog, we consider the First-tier Tribunal (Tax Chamber)’s recent update to its guidance for parties wishing to rely on evidence given by a witness from outside the UK. The First-tier Tribunal (Tax Chamber) (the...more

Planet Depos, LLC

Depositions in the United Kingdom Post-Covid

Planet Depos, LLC on

The U.K. re-opened earlier this year, leaving very few Covid-19 restrictions still in place. What does this mean for U.S. attorneys and their U.K. depositions?...more

Venable LLP

Stemming the Tide: Ed Sheeran’s Copyright Victory Brings Changes to Copyright Evidentiary Burden

Venable LLP on

A United Kingdom High Court recently ruled in favor of singer-songwriter Ed Sheeran (Sheeran) in a contentious copyright infringement case over his 2017 song, Shape of You (“Shape”). The Court granted Sheeran’s claim for...more

A&O Shearman

High Court holds no litigation privilege where expert used as “ballast in the correspondence”

A&O Shearman on

Expert advice on the pricing of forward freight agreements, used to “make good any legitimate grievance” and “add ballast” in correspondence concerning alleged corporate mismanagement, was not covered by litigation privilege...more

Latham & Watkins LLP

Watch What You Write: Communications on Personal Devices Could Be Disclosable in Litigation

Latham & Watkins LLP on

The location of the data is not sufficient to avoid a disclosure order. When it comes to personal devices, people increasingly communicate across multiple platforms, often in an informal and unguarded manner. ...more

Hogan Lovells

As you were – UK Supreme Court confirms no change to discrimination burden of proof

Hogan Lovells on

The UK Supreme Court decision in Royal Mail Group Ltd v Efobi confirms that employees must still prove facts from which a tribunal could draw an inference of discrimination before their claim can proceed, despite a change of...more

K&L Gates LLP

Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

K&L Gates LLP on

In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to...more

TransPerfect Legal

Leveraging Technology to Manage Big Data in Antitrust

TransPerfect Legal on

On 27 January, 2021, TransPerfect Legal Solutions (TLS) held the second day of the inaugural EU/UK Competition Regulation Virtual Conference. Day one focused on the changing regulatory landscape. Day two turned to the advent...more

Morgan Lewis

Judgment in the FCA’s Business Interruption Test Case – What Evidence Proves the Presence or Occurrence of COVID-19?

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This LawFlash provides a summary of the judgment of Lord Justice Flaux and Mr. Justice Butcher as it relates to the determination of the prevalence of coronavirus (COVID-19) under a particular policy. The court was somewhat...more

Hogan Lovells

Summary note on disclosure in civil proceedings

Hogan Lovells on

Disclosure orders - Disclosure involves parties to litigation identifying and making available to each other (unless privileged) relevant documents in their control, in accordance with a court order. ...more

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