October 2, 2019

Commercial Dispute Resolution Newsletter - October 2019

Readers of this newsletter will be aware of the many and varied questions that people have been asking with regards to how exactly to deal in practice with the Disclosure Pilot Scheme since its introduction at the start of the year.

In this edition, we have highlighted a number of cases which show the Courts’ approach to date and which shed some light on how to deal with the scheme. We all wait with bated breath to see how ongoing developments in politics may impact on future choices made by litigants to bring their disputes to the English courts, and what rules may apply when they do so, in particular as to how jurisdictional issues might be dealt with.

Against that background, we have highlighted two recent Supreme Court decisions on jurisdictional matters.

In case you missed them

We have also highlighted a selection of other notable recent judgments, on access for non-parties to documents on the court’s file, on orders for disclosure in breach of foreign law, on an appeal for a matter to be returned for a retrial, on the correct test for rectifi cation of documents in the case of common mistake, and on the use of the Shorter Trials Scheme.