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Disclosure & Electronic Discovery & Privilege
Bermuda
Kennedys Law LLP
In a dispute between a beneficiary and a trustee, access to legal advice received by the trustee can be of paramount importance to the beneficiary's efforts to impeach the trustee's conduct.
Cayman Islands
Conyers
In HML PM Ltd v. Canary Riverside Estate Management Ltd and another EWHC, [2019] 3496 (QB) the High Court dismissed an application for an interim injunction to restrain defendants from using allegedly
Cyprus
Soteris Pittas & Co LLC
In a recent judgment issued by the English Court of Appeal in R (Jet2.com Ltd) -v- Civil Aviation Authority (Law Society of England & Wales intervening) (2020) EWCA Civ 35, it has been held that ...
Soteris Pittas & Co LLC
In the case NORDSTAR TOWER –V- RIVERSTRETCH & OTHERS, the district Court of Nicosia held inter alia –(adopting the English case NIKITIN & OTHERS –V- RICHARDS BUTLER LLP & OTHER (2007) All ER 129) that an applicant...
Areti Charidemou & Associates LLC
The right to silence, for which every suspect is informed immediately after being arrested, is linked to the privilege against self-incrimination.
Soteris Pittas & Co LLC
In the English case AXA EQUITY & LAW LIFE –V- NATIONAL WESTMINISTER BANK (1998) CHC 117 (which has been adopted and followed by Cypriot ...
Elias Neocleous & Co LLC
The main repositories of digital evidence are computers, storage devices, telephones, networks, cloud servers and emails.
P. N. Kourtellos & Associates LLC
In a case currently under trial by the District Court of Nicosia, the plaintiffs in the action had initially filed an ex parte application by which they obtained ex parte a Norwich Pharmacal Order against a Bank, ...
Hong Kong
Herbert Smith Freehills
Clients and legal practitioners often come across a fairly common question during the course of discovery/disclosure in litigation or arbitration:...
Mayer Brown
Mayer Brown, on behalf of its gaming clients, successfully resisted an application for specific discovery in K&L Gates v. Navin Kumar Aggarwal and Others [2019] HKCFI 702 ("Decision").
Hogan Lovells
In recent weeks, courts in England and Hong Kong have taken the opportunity to set out the serious consequences that follow from deliberately breaching disclosure orders made in the context
Herbert Smith Freehills
Two recent English decisions highlight the particular challenges when managing legal professional privilege in the context of resolving employee issues.
Mayer Brown
The Securities and Futures Commission (SFC) prevailed in a judicial review application filed against the regulator in AA & EA v. The Securities And Futures Commission [2019] HKCFI 246 (the "Decision").
Isle of Man
Simcocks
Simcocks recently obtained the dismissal of a claim not on the merits but because of defects in disclosure by their legally represented opponents.
Jersey
Collas Crill
Private Client analysis: The Royal Court of Jersey has issued a judgment on a Beddoe application in which it blessed the decision of a trustee to submit to the jurisdiction of the...
Ogier
A recent Privy Council decision relating to long-running Jersey proceedings (Volaw –v- Comptroller of Taxes [2019] UKPC 29) provides clarification on the extent to which a party to an action may resist disclosure notices...
Walkers
For more than two years, parties to litigation in Jersey have been required to make "appropriate use of technology" to minimise the costs of e-discovery – now, for the first time since the introduction of a Royal Court...
Ogier
The Ogier team continues to be at the forefront of industry developments.
Baker & Partners
This is the second of two articles on disclosure in civil proceedings in Jersey. The first can be found here.
Stephenson Harwood
With the impact of COVID-19 affecting cash flow and available funds, parties may be considering alternative ways of funding the commencement or continuation of arbitral proceedings...
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