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Jersey
Disclosure & Electronic Discovery & Privilege
Jersey
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.
Ogier
Following the landmark English judgment in SFO v. ENRC [2018] EWCA Civ 2006 (as reported in our previous briefing), there have been two further significant judgments on litigation privilege.
Ogier
Every regulated business should take the time to consider its policies and procedures around internal investigations.
Baker & Partners
This is the first of two short articles on four aspects of disclosure in civil proceedings in Jersey. The first focuses on the differences between pre-action and post-judgment disclosure...
Baker & Partners
It is important not to be put off by the size of the task and the sheer volume of material.
Baker & Partners
In recent years, legal professional privilege has been the subject of many high profile appeals. Cases such as Bilta v RBS and Three Rivers (No 4) demonstrate the extent to which the position on what constitutes ...
Baker & Partners
As we have discussed in our recent blogs, privilege is a corner stone of justice and can exist both within and outside of a lawyer client relationship.
Baker & Partners
In common law jurisdictions such as England and Jersey, privilege is a fundamental principle of justice which enables a client to talk openly to his lawyer, secure in the knowledge that nothing he says will later be made public.
Baker & Partners
The High Court has recently restricted the ability to rely on privilege. Although SFO -v- ENRC is an English authority, Jersey generally follows English principles of privilege.
Baker & Partners
This is an area of the law dominated by rebuttable presumptions and there are few, if any, hard and fast rules.
Ogier
In June 2015 the English High Court handed down its judgment in Property Alliance Group Limited (PAG) v Royal Bank of Scotland PLC (RBS) [2015] EWHC 1557 (Ch).
Ogier
In June 2015 the English High Court handed down its judgment in Property Alliance Group Limited (PAG) v Royal Bank of Scotland PLC (RBS) [2015] EWHC 1557 (Ch).
Carey Olsen
In ongoing litigation in the English Commercial Court, ENRC NV ("ENRC") obtained summary judgment against Zamin Ferrous Limited ("Zamin", a Jersey company) on a counterclaim in June 2015...
Bedell Cristin Cayman Partnership
Bedell Cristin recently advised and acted for a Jersey company in respect of a challenge to a notice issued by the Comptroller of Income Tax in Jersey.
Collas Crill
The obligation to disclose, or "discover", documents during the litigation process is a necessary, albeit burdensome part of the litigation process.
Appleby
Discovery, as it is still known in Jersey, is generally limited to the parties involved in the particular dispute before the court.
Appleby
Discovery (as it is still known in Jersey) is arguably the most important stage in the court process whereby each party to a dispute is required to disclose to all other parties all those documents which are relevant to the proceedings and which they have in their "possession, custody or power".
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