Getting disclosure right – and the dangers of getting it wrong

Disclosure can go very wrong. Recently, a party represented by a major City law firm was hauled over the coals in court for accidentally disclosing thousands of privileged documents, an incident the judge called “extraordinary” and “unprecedented”. This shows that, whether dealing with disclosure under Part 31 or PD57AD, the obligations are onerous. After a reminder about the fundamentals, this webinar will address the following:

• What is a document?
• What are the differences between the two disclosure regimes?
• When should preservation warnings be given?
• What is the sanction for failing to comply with a disclosure order?
• How long does the duty to disclose run for?
• The seismic impact of this year’s ruling in Aabar v Glencore, which drastically reduces the scope of documents a litigant shareholder is entitled to seek from a company.
• 2024 Court of Appeal guidance on full and frank disclosure
• The consequences of wrongly destroying documents