United Kingdom: Disclosure & Electronic Discovery & Privilege

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Article
Experimental Evidence In Patent Disputes, Part 1: Lessons From UK Case Law
Recent UK case law demonstrates how experimental evidence can decisively influence patent disputes on infringement and validity, but only when parties navigate strict procedural requirements, proportionate disclosure obligations, and careful alignment with patent specifications. Courts increasingly scrutinize the design, statistical rigor, and relevance of experiments while maintaining pragmatic standards for admissibility versus persuasiveness.
United Kingdom IP
CR
Carpmaels & Ransford LLP
Article
HMRC’s New Anti-avoidance Information Notice Powers
HMRC has introduced anti-avoidance information notices (AAINs) under Part 6 of the Finance Act 2026, granting significantly broader powers to investigate tax avoidance promotion and facilitation. These notices can target a wide network of connected persons—including directors, advisers, and intermediaries—without requiring proof that tax was lost or that arrangements were ineffective. With substantial civil and criminal penalties for non-compliance, businesses and advisers must understand who ca
United Kingdom Tax
RPC
Article
When Must Trustees Provide Trust-related Documents To Beneficiaries? By Tom Townsend
When beneficiaries request trust-related documents from trustees, a complex balancing act emerges between accountability and confidentiality. This analysis examines the legal framework governing disclosure obligations, exploring how courts weigh beneficiaries' rights to information against the need to protect sensitive settlor wishes and discretionary decision-making processes.
United Kingdom Commercial
Sinclair Gibson LLP
Article
Lessons Learned From Prince Harry’s Unlawful Information Gathering Claims
A detailed analysis of the recent Prince Harry privacy claim judgment reveals crucial insights into how courts evaluate allegations of wrongdoing when direct evidence is limited. The case demonstrates the high evidential burden required to prove serious allegations through inference, the importance of proper witness statement procedures, and the severe cost consequences of pursuing speculative claims based on insufficient evidence.
United Kingdom Litigation
M
Macfarlanes LLP
Article
Collateral Use Of Documents – What Is It And What You Need To Know When Disclosing Documents
When parties disclose documents in court proceedings, those documents are generally protected from being used for any other purpose outside the immediate case. This protection, known as the collateral undertaking, is embedded in civil procedure rules but is not absolute. Recent case law explores the boundaries of when courts will grant permission to use disclosed documents in other proceedings...
United Kingdom Litigation
BS
Burges Salmon
Article
Broadcom/VMware: EU General Court Again Weighs In Favour Of Commission’s Broad Information Gathering Powers
The European Commission's broad information-gathering powers under EU competition law have been reinforced by the General Court's dismissal of Broadcom's challenge to document production requests. The case raises critical questions about the extent to which the Commission can compel production of documents held overseas that are subject to legal professional privilege in other jurisdictions, particularly communications with non-EU qualified external counsel.
European Union Anti-trust
M
Macfarlanes LLP
Article
Your Witness, Or The Chatbot's? R V FGD On AI And The Prohibition Of Witness Coaching
English courts have reaffirmed that witness coaching is prohibited regardless of method, including through AI chatbots. A recent criminal case examined whether AI-generated documents that rehearsed cross-examination answers constituted impermissible coaching, ultimately finding that while such use violates established principles, procedural safeguards may prevent proceedings from being stayed. The decision raises critical questions about how AI tools intersect with longstanding rules protecting witness test
United Kingdom Litigation
D
Dechert
Article
Litigation Funding And Privilege: High Court Finds Litigation Privilege Does Not Apply To Communications Prepared To Enable Funders To Assess Whether To Support A Claim
In a recent decision, the High Court has confirmed that a litigation funder cannot assert litigation privilege over communications prepared for the dominant purpose of assessing the commercial viability of a claim – even if that includes an assessment of its merits...
United Kingdom Litigation
KL
Herbert Smith Freehills Kramer LLP
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