Disclosure – Page 5 – Law Journals

Disclosure: Hands off my hard drive

Siobhan Almond looks at recent developments in e-Disclosure ‘Carrying out a search of all electronic data is certainly not the default position; it has to be considered in the usual context of relevance and proportionality.’ The observation by Lord Justice Jackson that: ‘e-Disclosure is inevitable’ referred to the fact that e-disclosure, and its impact on …

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Disclosure: Playing it straight

Caitlin Jenkins asks the question ‘does non-disclosure pay?’ ‘This case highlights the tension between the clear and accepted need to ensure litigants in person are dealt with fairly by the family courts and the frustration, the delay and additional court time that such litigants in person often cause.’ The case of Hutchings-Whelan v Hutchings [2011] …

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Disclosure: Call of duty

Mark Surguy examines the tension between disclosure and misconduct ‘The logic of allowing clients to do some of the work in relation to disclosure to save costs may be sound, but the external law firm needs to think very carefully about its duties.’ On 6 October 2011 the Solicitors Code of Conduct 2007 will be …

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Disclosure: Knowledge is power

Jonathan Hilliard provides a welcome review of information rights under trusts from Schmidt v Rosewood up to present day ‘While many jurisdictions contain statutory codes relating to disclosure, few of them are likely to be entirely exhaustive and therefore it will be necessary, at least at the fringes, to decide on the appropriate approach outside …

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Disclosure: A second bite

Kirstie Gibson outlines the differences between applications to set aside and appeals in the light of recent Court of Appeal decisions ‘The sharing principle should not be imposed on other starting points in relation to particular types of assets, depending on whether they were matrimonial or non-matrimonial.’ The recent Court of Appeal decision in Kingdon …

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