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26 June 2026
Issue: 8167 / Categories: Legal News , International , Disclosure , Procedure & practice
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NLJ this week: US evidence orders reach far beyond one lawsuit

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Material obtained through US discovery applications may have a much longer legal life than many litigants realise

Writing in NLJ this week, Janna Purdie of Lexis+ Dispute Resolution examines recent decisions on section 1782 of the US Code, which allows American courts to compel evidence for use in foreign proceedings.

The key lesson from Accent Delight and the more recent Pliego case is that evidence secured for one case is not automatically restricted to that case. Unless a US court imposes limits, documents may be deployed in related proceedings, asset-tracing exercises, enforcement actions and even criminal complaints. That flexibility can be invaluable in fraud litigation, where one disclosure often uncovers new leads. But it also creates risks for respondents who assume material is ringfenced.

Purdie says the real battleground is often not obtaining discovery but controlling its future use through carefully drafted protective orders.

MOVERS & SHAKERS

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
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