Searching Content indexed under Disclosure & Electronic Discovery & Privilege by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Arbitration - Can Confidentiality Be Overridden In Certain Circumstances?
A recent decision of the Outer House of the Court of Session has confirmed that although documents produced in relation to arbitration in Scotland are generally regarded to be confidential, their disclosure can be ordered where the public interest and/or the interests of justice override the parties’ interest in maintaining confidentiality.
3 Jul 2012
High Court Consideration Of Legal Privilege
The High Court judgement in R (Stewart Ford) v Financial Services Authority [2012] EWHC 997 (Admin) has emphasised the importance of legal professional privilege and that it does work when properly implemented, but also demonstrated that winning the legal argument does not necessarily provide the desired outcome.
21 Jun 2012
Jackson Outlines Disclosure "Menu" Proposals
On 24 November, Lord Justice Jackson outlined proposals to reduce the high costs in litigation by enabling the court to choose the level of disclosure appropriate in each case from a "menu" of options.
13 Dec 2011
Disclosure: Party Penalised for Opponent's Wasted Costs of Inspecting Documents
The English courts’ continued interest in managing the disclosure process in litigation was reflected in Lord Justice Jackson’s final report and the recent judgment by Senior Master Whitaker in Goodale and Others, which included the publication of the draft e-disclosure questionnaire.
10 May 2010
Recent Developments In E-Disclosure
In his final report on civil litigation costs in England and Wales, Lord Justice Jackson identified e-disclosure as a significant element of litigation costs and advocated clearer, more efficient and cost effective ways of managing Electronically Stored Information (ESI).
22 Mar 2010
Government announces delay to WEEE Directive
The Energy Minister, Malcolm Wicks announced on Thursday 15 December that progress on the implementation of the Waste Electrical and Electronic Equipment ("WEEE") Directive is to be reviewed immediately.
20 Dec 2005
Company charges - proposals to reform law are shelved
The DTI have confirmed that they will not make any changes in relation to the law of company charges for the time being.
23 Nov 2005
Test for novelty of patents reconsidered by House of Lords
The House of Lords last month handed down its decision in Synthon BV v Smithkline Beecham plc [2005] UKHL 59 and has allowed Synthon's appeal, restoring the trial judge's finding of invalidity for lack of novelty. Of significant interest are the House of Lord's considerations of the legal requirements for the test of novelty.
15 Nov 2005
UK RoHS Regulations published
The UK Regulations that will implement the EU Directive on the Restriction of Hazardous Substances in Electrical and Electronic Equipment (the "RoHS" Directive) have now been published (SI2005 No. 2748). The Regulations will come into force on 1 July 2006.
25 Oct 2005
Forum shopping in arbitration
Recent events in the US, and the market disputes that are highly likely to follow, underline the need to consider carefully where to arbitrate.
11 Oct 2005
New court rules on disclosure – are your electronic documents in order?
As from today, new guidance on the exchange of electronic documents in the disclosure process forms part of the Civil Procedure Rules. The guidance will impact on the way parties deal with electronic documents in litigation. It may also have wider implications on a party's document management and retention systems.
3 Oct 2005
WEEE and RoHS Directives – electronic and electrical equipment – business errors are being made
The UK Regulations implementing two EU Directives, namely (1) the Waste Electrical and Electronic Equipment ("WEEE") Directive and (2) the Restriction on the Use of Certain Hazardous Substances in Electrical and Electronic Equipment ("RoHS") Directive, are expected to be made in the UK this summer.
13 May 2005
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