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England and Wales decisions
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The High Court refused MGA’s bid to vary an adjournment costs order, holding Cabo’s disclosure failings were serious but not exceptional enough to reopen the final costs order.
Baroness Lawrence of Clarendon OBE & Ors v Associated Newspapers Ltd [2025] EWHC 2930 (KB) (10 November 2025)
The High Court held that documents held by the Claimants’ Research Team were within the Claimants’ control for disclosure and ordered a further search, with strike-out available if they do not comply.
The High Court refused to vary a disclosure review document to exclude disputed documents, but limited inspection to protect confidentiality.
Defendant failed to demonstrate any real risk of criminal prosecution or civil enforcement action by US or Singapore regulators for disclosure of relevant documents pursuant to an English Court order. The documents are relevant and necessary for a fair trial. Disclosure will be ordered, subject to a confidentiality ring including Claimant and funder representatives, not limited to external lawyers only.
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Warwickshire County Council v BN & Ors [2025] EWHC 2080 (Fam) (14 January 2025)
The court criticised Warwickshire Police for unjustified redactions in disclosure for care proceedings, noting the issue became academic after the police conceded.
The claimant’s conduct in making the application for extension of time was unsatisfactory, involving late filing and inadequate notice to the defendant, justifying an order that the claimant pay the defendant’s costs of that application. However, the court declined to order the claimant to pay the defendant’s costs of the application for judgment to be entered, as that application was necessarily unsuccessful. The court ordered that WhatsApp messages be reviewed by an independent firm of solicitors at the claimant’s cost, and that a witness statement be provided explaining the creation of a d…
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Filatona Trading Ltd & Anor v Quinn Emanuel Urquhart & Sullivan UK LLP (Re Costs) [2024] EWHC 2751 (Comm) (30 October 2024)
Costs judgment in a Norwich Pharmacal application: the court applied the general rule that the applicant pays, but reduced the respondent law firm’s recoverable costs by 30%.
Costs judgment on a Norwich Pharmacal application. The court held the normal rule applied, but reduced the respondent law firm’s recoverable costs by 30%.
The SFO's redactions for PII are upheld as the balance lies in favour of non-disclosure. The Court refused to inspect privilege redactions, finding no necessity or desirability. The SFO's approach to irrelevant/confidential redactions was too narrow; a further review by SFO lawyers is ordered. Confidentiality in Document A was not lost by reference in open court. Waiver by reliance in pleadings has not occurred, but SFO must elect whether to amend its pleading within a specified period.
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Permission is granted for the Claimants to provide the Agreed Facts to the Coroner for use in the inquest. The court finds that special circumstances exist: the inquest and the present proceedings concern the same issue (the cause of death), there is a strong public interest in the effective conduct of the inquest, much of the underlying material is already before the Coroner, and there is no significant prejudice to Mr McPherson. The public interest in facilitating the inquest outweighs the policy against collateral use. The order is made subject to notice to Greater Manchester Police, who m…
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