REUTERS | Amir Cohen

You’ve had a case management conference (CMC) and directions for trial have been given. You have a deadline by which to complete disclosure. A few months after this deadline, your client tells you that they have found further relevant documents which are helpful to their case. You want to rely on them and you have a duty to disclose them, but the other side opposes their inclusion at trial. What do you do? Continue reading

REUTERS | Chaiwat Subprasom

In Eurasian Natural Resources Corporation Limited v Dechert LLP, the Senior Courts Costs Office (SCCO) stressed the need for solicitors to engage in careful prospective consideration of costs, and to provide regular and realistic costs estimates to clients. It is the latest round of Dechert’s long-running fee dispute with its former client, concerning work carried out by the defendant firm in relation to a criminal investigation into Eurasion Natural Resources Corporation (ENRC) by the Serious Fraud Office (SFO). Continue reading

REUTERS | Brendan McDermid

The US statutory procedure known as “section 1782” can allow a litigant in non-US proceedings to obtain what is tantamount to full US-style discovery from a US based entity, for use in the foreign proceedings. This can be particularly valuable to litigants in jurisdictions that have limited procedures for disclosure of evidence, such as many civil law countries. However, it can also be a useful weapon in the armoury of litigants in other jurisdictions. This is particularly the case in relation to obtaining evidence from third parties, but also potentially to obtain from an opponent evidence not as readily obtainable (or not at a particular time) under the domestic jurisdiction’s own disclosure procedures. Continue reading

REUTERS | Issei Kato

Over the past year, it has become increasingly difficult to obtain after the event (ATE) insurance for lower value multi-track work. Additionally, where ATE cover has been offered, the premiums could be as high as 40-50% of the level of indemnity sought. In some instances, lower value multi-track claims (values of £25,000 – £100,000) with good prospects have not been offered any ATE cover. Continue reading

REUTERS | Beawiharta

The decision in Green v Wright was handed down in the Court of Appeal on 1 March 2017 and seeks to address the following issues:

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