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Litigation
Disclosure & Electronic Discovery & Privilege
Australia
Bartier Perry
An application for preliminary discovery is an effective way to determine whether you have a viable claim against another party.
Gilchrist Connell
The recent Peck decision highlights the importance of meeting the burden of proof in product liability claims.
Holding Redlich
Councils and their legal practitioners can minimise exposure by establishing LPP over internal workplace investigations.
Sydney Criminal Lawyers
The right to silence across Australia exists under common law and has also been legislated in each State and Territory.
Cooper Grace Ward
A single expert report is written by an expert witness in relation to a particular issue in a family law matter.
Sydney Criminal Lawyers
In 2013, NSW enacted section 89A of the Evidence Act, which curtailed the right to silence in certain situations.
Cooper Grace Ward
The information provided by the receiver was crucial in enabling the Court to assess the remuneration claim.
Stacks Law Firm
Be very clear when texting or emailing and avoid anything threatening such as emoji symbols depicting weapons.
Bahamas
ParrisWhittaker
Expert witness reports are crucial in substantiating a personal injury claim; must be disclosed within the appropriate time required by court rules – even if you don't like its contents.
ParrisWhittaker
A Norwich Pharmacal Order against an ‘innocent' third party will only be granted if the court is satisfied it is for a ‘proper purpose', a court has ruled.
British Virgin Islands
Harneys
The High Court of England & Wales recently considered the scope of disclosure required to be undertaken by a party in the case of The Federal Deposit Insurance Corporation v Barclays Bank Plc.
Canada
Fasken
Recent developments in Artificial Intelligence ("AI") have brought the mainstream use of AI into our daily lives and daily work lives. While AI has been used by litigators for over a decade...
McCarthy Tétrault LLP
The Ontario Superior Court of Justice recently released a decision that will be welcomed by companies seeking to maintain privilege over the results of internal investigations.
Bennett Jones LLP
In ruling that the Ontario government is not required to turn over Cabinet mandate letters, the Supreme Court of Canada has adopted a broad and expansive view of Cabinet confidentiality.
Miller Thomson LLP
The Alberta Court of King's Bench decision in Alberta Drywall & Stucco Supply (Calgary) Inc v Alberta Drywall & Stucco Supply Inc, 2023 ABKB 696 [Alberta Drywall] provides clarity...
Gardiner Roberts LLP
A decision of the Court of Appeal for British Columbia has affirmed that it is not a breach of confidence for a director of a municipality to disclose confidential information to their own lawyer...
CLC (Canadian Litigation Counsel)
The relationship between past injuries and medical recovery in a prior accident and present accident is not a novel concept.
Osler, Hoskin & Harcourt LLP
Solicitor-client privilege is a cornerstone of our legal system. Not only is it a legal and civil right, it is also a principle of fundamental justice.
Fasken
In the recent decision of Ontario Securities Commission v Go-To Developments Holdings Inc et al, 2023 ONSC 5921 ("Go-To Developments"), the Court affirmed a receiver's...
Phoebus, Christos Clerides & Associates LLC (Clerides Legal)
Norwich Pharmacal order ("NPO"), has its roots in the known UK House of Lords case of Norwich Pharmacal Co ν. Commissioners of Customs and Excise [1974].
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