Deborah Ramshaw reports on a recent judgment highlighting the pitfalls of disclosure ‘The court found that the council had sought a potentially unfair advantage through its attitude to disclosure; in particular the court found that it was unfair for the council to “pick and choose what documents they provide and when, as it suits them”.’The …
Continue reading "Disclosure: Finding the missing link"
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Wills & Trusts Law Reports | July/August 2015 #151In the early 1990s, Mr Pugachev founded the JSC Mezhdunarodniy Promyshlenniy Bank (the bank) in Russia. It became one of Russia’s largest privately owned commercial banking groups. On 4 October 2010, the Russian Central Bank revoked its banking licence and appointed a ‘temporary administration’ and on 30 November 2010 it was declared insolvent by the Russian court and placed into temporary administration. The state corporation ‘Deposit Insurance Agency’ (the DIA) was appointed as liquidator. Mr Pugachev left Russia for London in 2011. The Russian liquidation of the bank was recognised by...
Andrew Hearn looks at the availability of Norwich Pharmacal relief for claimants in international cases heard in England It needs to be recognised that the Mackinnon case was decided before the advent of the electronic age and that the typical means by which businesses store information in the 21st century are very different to before.A …
Continue reading "Disclosure: A universal panacea"
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Justin Valentine argues that disclosure of all medical records in personal injury litigation is not necessary with modest claims ‘The pre-action protocols for low value personal injury claims provide that the medical expert should identify records relevant to the claim which should then be disclosed.’ It is not a precondition for bringing a modest claim …
Continue reading "Disclosure: Privacy v relevance"
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Edward Coulson and Rachel Ziegler consider the recent Court of Appeal judgment preventing French parties in English litigation relying on the French blocking statute to avoid disclosure ‘Despite the fact that the orders made might expose parties to a risk of prosecution in France, the English court was still entitled to make them, although it …
Continue reading "Disclosure: French frankness"
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Peter Jansen considers the lessons to be learned from Metrolink ‘This article considers the contractual route for obtaining disclosure in light of the Greater Manchester case.’Not all forms of dispute resolution permit disclosure or extensive investigation of a claim. This applies to adjudication, a deliberately summary procedure under the HGCRA (the Act), as it does …
Continue reading "Disclosure: Coming off the rails"
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Wills & Trusts Law Reports | June 2013 #130The appellant beneficiary (B) appealed from the order of Judge J R Finch made in the Royal Court of Guernsey on 15 March 2012 granting liberty to the respondent trustee (T) to disclose information and documentation to law enforcement authorities in France inter alia to protect the interests of T in the context of an ongoing criminal investigation.
T was the subsidiary of an international banking group and was the trustee of two trusts created in February 1989 for the benefit of the children and grandchildren of the settlor (S). S had died in 2001. Shortly afterwards, the...
Garry Bernstein assesses the consequences of the Jackson reforms on eDisclosure The rule changes and the general judicial and political desire to reduce the cost of litigation are likely to be catalysts for the further rapid adoption of these and other eDisclosure technologies and methodologies.’ The eDisclosure process is set for a radical shake-up this …
Continue reading "Disclosure: Rolling the dice – the April 2013 eDisclosure conundrum"
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Clare Arthurs and Chris Hoyer Millar assess the impact of Nolan on disclosure in practice While the facts in Hicks are very particular, it is an interesting exercise in what the court described as a three-fold balancing act. Disclosure forms the core of most cases, and can be a crucial stage in terms of tactics, …
Continue reading "Disclosure: Creative writing? The courts and novel disclosure orders"
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Claire Glaister sets out the significance of the decision in Revenue and Customs v Charman for privacy and privilege in family proceedings HMRC argued that it is in the public interest for the right amount of tax to be paid by tax payers, and that the documents requested were directly relevant Tax avoidance is currently …
Continue reading "Disclosure: Behind closed doors"
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