News & Analysis as of

Disclosure Appeals United Kingdom

Cooley LLP

Obtaining Disclosure from Third Parties Outside the Jurisdiction Now Easier

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Two recent developments have made it easier for those litigating in England and Wales to obtain information and documents from third parties outside the jurisdiction: the first is a new jurisdictional gateway for applications...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Hogan Lovells

Court of appeal upholds dominant purpose test for legal advice privilege, and considers its application to multi-addressee...

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In The Civil Aviation Authority v R (on the application of Jet2.com Limited), the Court of Appeal, upholding the High Court decision, has affirmed that legal advice privilege (LAP) is subject to a dominant purpose test. This...more

A&O Shearman

Without prejudice communications open to inspection in settlement agreement

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The Court of Appeal held that without prejudice material incorporated into a settlement agreement between the claimants and one of the defendants could be inspected by the remaining defendants in on-going multi-party...more

Skadden, Arps, Slate, Meagher & Flom LLP

Cross-Border Investigations Update - September 2019

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases, regulatory activity and other key developments, including a review of the first year of GDPR enforcement, analysis of...more

White & Case LLP

Norwich Pharmacal relief – costs, rights and obligations in pre-action disclosure

White & Case LLP on

In a decision handed down last week, Jofa Limited and Joseph Farah v Benherst Finance Limited and Chestone Industry Holding [2019] EWCA Civ 899, the Court of Appeal considered the rules regarding the costs of applications for...more

A&O Shearman

High Court Rules That Litigation Privilege Can Apply in Respect of Internal Investigations

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In Bilta (UK) Ltd (in Liquidation) & Ors v Royal Bank of Scotland plc and Mercuria Energy Europe Trading Limited [2017] EWCH 3535 (Ch) (“Bilta v RBS”), the High Court upheld RBS’s claim of litigation privilege over documents...more

Hogan Lovells

Employment News - March 2017 #2

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Don't ask, don't get – data subject access requests and litigation - The Court of Appeal has provided further guidance on responding to data subject access requests made in the context of litigation – in this case...more

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