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. The session explores how to deal with cross-jurisdictional privilege issues that arise, in particular, for organisations with multiple group companies around the world. Sascha, Teresa and Jonas walk through a hypothetical …
Cross-Border Considerations for Protecting Privileged Evidence
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.
The Dangers of Interfering with Expert Evidence
The recent decision in Glover and Another v. Fluid Structural Engineers & Technical Designers Ltd and Others[1] should serve as a warning to practitioners to pay heed to the strict rules regarding expert evidence and, in particular, not to interfere at all with the production of the joint expert report
Court of Appeal Decides Principles Permitting Group Litigation by Allowing Multiple Claimants to Make Individual Claims on Single Claim Form
England has no direct equivalent to US class actions. However, there are various claim models under English procedural rules (CPR) that have similarities. They are summarised in our October 2022 blog post – Data Disputes: How the English Class Action Landscape is Shaping Up.
Law Commission Consultation “Digital Assets and Electronic Trade Documents in Private International Law: Which Court, Which Law?
The Law Commission of England and Wales has, for the last four years, been heavily focussed on addressing the legal issues that arise in the context of emerging technologies.[1] It has now started work on a new project to examine and clarify how existing private international law does and should apply to emerging technologies – specifically, digital assets and electronic trade documents. It has issued a call for evidence from stakeholders, with responses to be submitted by 16 May 2024.
Consultation on Increased Public Access to Documents in Civil Proceedings
The Civil Procedure Rules Committee is consulting on a proposed draft amendment to Civil Procedure Rule (CPR) 5.4, which would allow significantly increased public access to documents with potentially far-reaching impacts.
Litigation Funding Agreements: Developments Since PACCAR
Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others,[1] in which the Supreme Court of the United Kingdom found that a funding agreement that provided for the funder’s remuneration to be calculated as a percentage of any damages recovered was an unenforceable damages-based agreement (DBA). Given the prevalence of such funding agreements, the judgment was a significant cause for concern.
Court Strikes Out Claim Served by Email but Suggests Service Rules Should Be Reviewed
In Chehaib v. King’s College Hospital NHS Foundation,[1] the High Court of England and Wales dismissed the claimant’s application for relief in respect of a claim form that had expired, having been ineffectively served via email without permission. While the master found she was bound by the Civil Procedure Rules (CPR) and case law to dismiss the application for relief, she suggested that it might be time to review the rules on service of proceedings to allow for service via email without the need for permission.
Court of Appeal Holds That Courts Can Order Parties to Engage in Dispute Resolution
The Court of Appeal’s hotly anticipated decision in James Churchill v. Merthyr Tydfil County Borough Council has been handed down. It holds that courts have the power to stay proceedings for, or order, parties to engage in a non-court-based dispute resolution process.
UK to Sign Hague Convention on the Recognition and Enforcement of Foreign Judgments
The Ministry of Justice has published the UK government’s response to the consultation on joining the Hague Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters, concluding that it is the right time for the UK to join the convention.