Litigation and ADR procedure news for in-house lawyers: UK Construction Focus



Our pick of recent news and decisions on dispute resolution procedures for construction claims.

Round-up of Technology and Construction Court (TCC) practice and procedure news

Pilot of the new disclosure regime – update

Work on the proposed new disclosure regime continues. As mentioned in our Autumn 2017 briefing, (Proposals for new disclosure rules in the offing), proposals have been made to introduce a new disclosure pilot scheme, which will run in the Business and Property Courts. A new Practice Direction, a new Disclosure Review Document and related guidance were published in early November 2017. Since then, informal consultations have taken place and the pilot is expected to be approved in the next month.

New electronic bill of costs now mandatory (J Codes are in!)

It is now compulsory for parties to use the new electronic bill of costs in detailed costs assessments in the English and Welsh courts instead of the traditional paper bill. The changes, which came into force on 6 April 2018, are intended to make it easier to produce bills of costs and costs budgets and to improve the robustness of challenges to costs.

Litigators must now record their time using the new time recording codes known as "J Codes". The Steering Committee behind the changes believes that J Codes will "provide the foundation for a system allowing contentious [legal] work to be recorded electronically and reports to be produced automatically and at minimal cost for budgeting, summary assessment, detailed assessment and client billing".

J Codes are a list of very specific tasks and activities which litigators will use to categorise every period of time recorded electronically when working on the various different phases of a court case:

  • There are 15 Phases in total from "Initial/pre-action protocol [(PAP)] work" to "Costs management conference" and "Costs assessment".
  • Each Task then has its own allocated tasks. So, for example, for "Initial/pre-action protocol work", the choice of tasks is: "1. Factual investigation; 2. Legal investigation; and 3. PAP or similar work.
  • There are then 10 Activities, which cover all that a legal representative might undertake in relation to a particular task (for example, "Appear for/attend", "communicate" (with counsel) and so on).
  • There is also a list of expenses.

In total, there are 39 categories under which time can be recorded. So, for example, if a solicitor spends time drafting a witness statement, his/her time will be recorded as follows:

Phase: Witness statements
Task: Preparing own side's statements
Activity: Meeting witness

Why was this change needed?

Drawing up the traditional bill of costs is a time-consuming and often trying process. In 2010, Lord Justice Jackson recommended a new, more transparent, system that would make it clear who had done what, when and why and also make it easier to take an overview of the costs position.

Technology was proposed as the solution and in particular the use of J Codes. A two-year, voluntary, pilot followed to test the use of J Codes but there was little take-up of the new approach. A new Practice Direction (PD47) was issued in November 2017 with an optional new format electronic bill and slimmed down J Codes.

PD47 sets out the transitional provisions for using the new bill. In short, the new electronic bill must be used for detailed assessments of costs for work done after 6 April 2018 (either in the form of Precedent S as attached to PD47 or in a format which complies with PD47).

As with all new systems and the implementation of new rules, we will monitor them – and future detailed costs assessments – to see how they work in practice.

Claiming legal professional privilege after inadvertent disclosure

In Belhaj and another v. Director of Public Prosecutions [2018] EWHC 514 (Admin), the Director of Public Prosecutions (the defendant) applied to assert legal professional privilege over certain passages in three documents it had disclosed in error. Those documents should have been disclosed in a way that concealed the relevant passages (redacted) but this exercise was inadvertently omitted.

The inadvertent waiver of privileged documents is covered by Civil Procedure Rule (CPR) 31.20, which provides: "Where a party inadvertently allows a privileged document to be inspected, the party who has inspected the document may use it or its contents only with the permission of the court."

The case law on this issue does not entirely reflect CPR 31.20 but the key principles were usefully set out by the Court of Appeal in Mohamed Al Fayed et ors v. The Commissioner of Police for the Metropolis et ors [2002] EWCA Civ 780.

In summary, a solicitor has ostensible authority to decide on whether to waive a client's privilege in a document when disclosing documents in legal proceedings. The receiving party is entitled to assume that privilege in those disclosed documents has been waived. By the time those documents are inspected, and once the error is discovered, it is normally too late for the disclosing party to then claim privilege. A court will not intervene and stop the receiving party from using the documents in the claim unless the inspection was obtained by fraud – or, in the circumstances, there has been an obvious mistake.

To establish an obvious mistake, the disclosing party must show either that the recipient solicitor appreciated that a mistake had been made before using the document or that it would be obvious to a reasonable solicitor that a mistake had been made. To assert privilege after inadvertent disclosure, it must also be fair for the court to grant the relief in the circumstances.

In Belhaj, on the facts, the court found that a reasonable solicitor in receipt of the inadvertently disclosed documents would have concluded that the defendant's partial disclosure had been made in error. Further, the defendant had not been "cherry-picking", in other words making a tactical disclosure of only part of the privileged material for its presumed advantage. It was only fair, therefore, that the passages in question be restored to their privileged nature.


Clearly, recipient lawyers might well [have to] read documents before realising that they have been disclosed in error. They will therefore gain some knowledge of the contents and the privileged legal advice given to their opponent. The reassertion of privilege over the documents cannot wipe the recipient's memory clean. It does, however, mean that the contents of those documents cannot be relied on by the recipient's client in proving or disproving the claim.

Settling at the court's door

As anyone who has attended a full trial of a matter will know, discussions between the parties frequently take place outside the court in an effort to reach a last-minute resolution. The catalyst for such discussions can be any number of issues. Maybe new evidence has been adduced which changes the balance of the arguments or reduces the quantum claim. Or maybe the prospect of the costs of the trial pressurise the parties into talking seriously with each other about settlement. Or maybe a key witness is not available to prove an essential piece of the argument.

A lack of a witness triggered such settlement decisions in Dunhill v. W Brook & Co (a firm) and another [2018] EWCA Civ 505, a decision which arose originally from a personal injury claim. On the morning of the trial, a key witness had not turned up. Without that witness, and on the basis of the available material before him, the barrister concluded that settlement was the best option. It turned out that the settlement figure was at an undervalue of the claim. The claimant took action against both the barrister and the instructing solicitors, claiming they were negligent.

However, the claimant was unable to show that the advice to settle was, given the circumstances and available evidence, such that no other competent and experienced practitioner would have given it. (This is a high, evidential bar to reach.) The Court of Appeal dismissed the claim of negligence.

There were added complications in that the barrister had only been instructed a couple of weeks before and instructing solicitors had sent a trainee to attend the trial. The court, however, confirmed that a trainee's attendance at trial in itself could not amount to negligence on the part of the solicitors. The court added that, if a trainee attends a trial alone, they must always have a direct line to the instructing solicitor with detailed knowledge of the matter.


Matters that reach trial will have gone through several preparatory phases. The costs will have mounted and a lot will be riding on what happens at court. It is important to have representatives present or available who understand the issues, the history of the claim and what is at stake. Those representatives will have the understanding and knowledge needed to make a careful evaluation of the issues, the evidence and the client's instructions and to decide on the reasonableness of a last-minute offer in the context of the costs already expended and the potential trial costs. These key legal representatives do not necessarily have to be in court every day – but they do need to be available in case of scenarios such as that in Dunhill.

Limitation issues

Given the drastic consequences for claimants who miss a limitation deadline for starting an action, a couple of recent cases are worth bearing in mind. 

When does time start running for a contribution case?

In R.G. Carter Building Ltd v. Kier Business Services Ltd (formerly Mouchel Business Services Ltd), the time limit in question related to a contribution claim. The claimant had settled a construction dispute with a local authority, which included making a settlement payment. It had then sought to recover some of the damages from the defendant, who it regarded as liable for or to make a contribution to the damages. The defendant argued that the claimant's claim was issued out of time and that time should run not from when the claimant made a binding settlement agreement with the local authority but when it first reached the compromise. The court had to consider the proper construction of section 10(4) of the Limitation Act 1980 and, in particular, when the time for bringing a contribution claim under the Civil Liability (Contribution) Act 1978 started.

The judge set out the key statutory provisions and the issue as follows:

16. "Section 1 of Civil Liability (Contribution) Act 1978 provides that …
"A person [who is liable for damage and] who has made or agreed to make any payment in bona fide settlement or compromise of any claim made against him in respect of [that] damage … shall be entitled to recover contribution [from any other person liable in respect of the same damage] in accordance with this section …"

17. Section 10(1) of the Limitation Act 1980 provides that no action to recover a contribution pursuant to the 1978 Act shall be brought after the expiry of a period of two years from the date on which such right accrued. The right to a contribution is treated for the purpose of limitation as accruing on the date of any judgment or award against the party seeking the contribution (section 10(3) of the 1980 Act) or upon agreement to pay compensation in the case of a settlement (section 10(4)).

18. Section 10(4) provides:
"If, in any case not within subsection (3) above, the person in question makes or agrees to make any payment to one or more persons in compensation for that damage (whether he admits any liability in respect of the damage or not), the relevant date shall be the earliest date on which the amount to be paid by him is agreed between him (or his representative) and the person (or each of the persons, as the case may be) to whom the payment is to be made."

The issue in this case is whether time runs under section 10(4) only once the parties have entered into a binding agreement for the payment of compensation, as [the claimant] submits, or whether something short of a binding agreement is sufficient to start time running, as [the defendant] submits."

Crucially, for the claimant, if the defendant was right and the claimant's initial agreement in principle was sufficient to trigger the two-year limitation claim, then its claim was issued too late.

In this case, the judge agreed with the claimant that the proper construction of section 10(4) is that time only starts to run "from the date of a 'binding' agreement as to the amount of the compensation payment". Agreement on the amount of the payment was crucial. Consequently, the claimant's claim for a contribution from the defendant, following the claimant's settlement of a construction dispute with a local authority, was not statute-barred. The defendant's limitation defence failed.

Must a solicitor flag up procedural errors when the limitation deadline is near?

Another limitation issue arose in Woodward v. Phoenix Healthcare Distribution Ltd [2018] EWHC 334 (Ch). In this case, there had been a defect in the claimant's service of the claim form but the defendant's solicitors had failed to flag up the issue – despite knowing that the limitation date for the claimant's claim would soon expire. The judge found that this failure was a breach of their duty to further the overriding objective. They had been playing "technical games". As a result, the master validated the claimant's service of the claim form retrospectively.

This decision highlights a potential conflict of interest for solicitors between their duties to the court on the one hand (to give notice of a potential procedural issue) and to their client on the other (to make tactical use of the procedural error). It is an issue on which further judicial guidance will be needed.

Revised guidance for judges on judicial conduct

A revised version of the Guide to Judicial Conduct was issued at the end of March 2018 by the Courts and Tribunals Judiciary. Last updated in July 2016, the guide sets out core principles to help judges, magistrates and coroners reach their own decisions. The revisions seek to help judges, in this era of social media, when they and the legal process face increased scrutiny from the public. Lord Burnett of Maldon, Lord Chief Justice of England and Wales, emphasised that the basic set of principles guiding judicial conduct remains the same: "Judicial independence, impartiality and integrity provide judges with a guide, not only as to the way they discharge their judicial functions, but also as to how they conduct their private lives and the way that this affects their judicial role".

Reforms to modernise the courts

Lord Burnett of Maldon also talked about the reforms under way to modernise the courts in his recent speech to the Association of District Judges Annual Conference. He focused on three things in the context of reform: improving the efficiency of the administration of justice, improving access to justice and improving the conditions for those who use and work in our courts. To find out more, you can read his speech here.

Expert evidence

LCIA recommendations on how to maximise the use of experts in arbitration proceedings

The London Court of International Arbitration (LCIA) has issued a note reviewing the various ways in which experts are used in international arbitration proceedings and the opportunities those methods present for more effective and efficient decision-making. You can read more here: LCIA recommendations on how to maximise the use of experts in arbitration proceedings.

Alternative dispute resolution news

Expert determination set aside

In Griffin v. Wainwright and another [2017] EWHC 2122 (Ch), the High Court set aside an expert determination on the grounds of procedural unfairness. After completing her original determination, but before releasing it, the expert had communicated with one of the parties (G) but not informed the other party, W, of those communications. The expert later revised her determination and then released it. The court held it was unfair given that she had not given W a chance to make submissions on the issues raised in her communications with G.

Parties who appoint an expert to determine a [usually technical] dispute, should remember that any approaches to the expert must be shared with the other party to ensure fairness and transparency in dealing with the disputed issues.

Also, be aware that an expert has power to change her/his decision up until the point it is released to the parties. At that point, she/he becomes "functus officio" and has no further powers to act in relation to the expert determination.

Resolving consumer disputes and the effectiveness of ADR and the courts

The Department for Business, Energy & Industrial Strategy (BEIS) has issued its final report on "Resolving Consumer Disputes: Alternative Dispute Resolution and the Court System". ICF Consulting Services Limited carried out a study for BEIS into the impact and effectiveness of ADR and the courts in resolving consumer disputes with traders.

While Dentons' clients deal mainly with other traders and business organisations rather than direct with a consumer, it is interesting to note the reasons why the traders and consumers involved in the study did not use ADR to solve their disagreements. Reasons included: consumers' lack of confidence that ADR would be effective (13 per cent); traders refusing to participate (70 per cent of consumers who had not used ADR before); ADR providers not responding (7 per cent); or the parties being unaware that ADR was available (5 per cent).

Clearly, there is much work still to be done to persuade people of the benefits of ADR. 

Further reading

If you are struggling to persuade another party to engage in ADR, take a look at our article: Just get on with it – more reasons to mediate (and a look at some of the excuses people use to avoid ADR). It sets out some of the common responses that are received to requests to mediate and sets out some suggestions on how to deal with those who are unwilling to engage.

We considered the construction industry's gradual embrace of ADR procedures as well as conflict avoidance schemes in this article: How to tackle disputes: Conflict avoidance and ADR (which was first published in Construction News, 20 March 2018).

The future role of ADR: Law Society and Bar Council responses

In that last article (How to tackle disputes …), we reported on the Civil Justice Council's (CJC) ADR consultation into the future role of ADR in the civil justice system. The CJC's interim report was published in autumn 2017 and various bodies have now published their responses.

The Law Society supports the CJC's work on ADR issues and agrees with the CJC that: the take-up of ADR is patchy and inadequate; there should be better signposting for ADR to increase its take-up; and, notably, ADR should not be mandatory before the issue of court proceedings.

The Bar Council advocates making ADR culturally normal. It believes that the focus of any reform needs to be on continuing education and improving communication with professionals and the public – with a view to enabling disputing parties to be better served by settling a case without having to go to court.

Other groups and bodies have expressed their views and these can be viewed on the CJC website here.

Adjudication review

Click on the links below to read our reviews of recent adjudication cases:

Restoring fairness to the adjudication process: another episode in the smash and grab adjudication saga: in his final case in the TCC before taking up his new position as a Court of Appeal judge, Coulson J has tipped the balance away from contractors in smash and grab adjudications. (A case review of Grove Developments Ltd v. S&T (UK) Ltd [2018] EWHC 123 (TCC).)

Adjudication procedure: case round-up: in our latest round-up of TCC decisions dealing with adjudication procedure, we look at the importance of complying with the adjudication timetable, the problems caused by oral contracts when it comes to adjudicating a dispute and the judiciary's latest call to seek declaratory relief under CPR Part 8 only when appropriate.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Dentons | Attorney Advertising

Written by:


Dentons on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide

JD Supra Privacy Policy

Updated: May 25, 2018:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at or by writing to us at:

Privacy Officer
JD Supra, LLC
10 Liberty Ship Way, Suite 300
Sausalito, California 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at:

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit
  • New Relic - For more information on New Relic cookies, please visit
  • Google Analytics - For more information on Google Analytics cookies, visit To opt-out of being tracked by Google Analytics across all websites visit This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at:

- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.