Civil Procedure

Showing: 11 - 16 of 16 Articles

In-house E-Disclosure Teams Should Not Be Vilified

Cabo Concepts Ltd v MGA Entertainments (UK) Ltd & Another has caused much agitation among litigators and e-disclosure professionals. On the face of it, the case appears to be a warning against conducting e-disclosure in-house. However, properly administered, the use of in-house technology and teams can be highly effective and efficient. Here are our key pointers for companies with in-house capabilities to ensure the smooth running of the disclosure process.

Courts continue to deter satellite litigation on witness statements

Despite having broad case management powers in respect of trial witness statements that do not comply with the procedural rules, judges are notably unwilling to impose the more draconian sanctions available to them. This week, in McKinney Plant & Safety Ltd v The Construction Industry Training Board, a claimant who had committed multiple breaches of the rules and had exacerbated those breaches by being entirely dismissive of the defendant’s objections, escaped with a relatively lenient adverse costs order.

Exercise to ‘Provide Ballast’ to Irrelevant Claims Not Covered by Litigation Privilege 

When litigation is either underway or in prospect, the unwary can fall into the trap of assuming that everything they do that is related to that dispute (however tenuously) will be covered by litigation privilege. The decision in Kyla Shipping Co Ltd & Another v Freight Trading Ltd & Others is a salutary reminder to remain clear headed in respect of privilege issues.