Getting e-disclosure right is essential as the courts take a tougher approach to document review, says Adrian White
How to approach an e-disclosure exercise is a growing dilemma for law firms and their clients as the volume and diversity of documents continues to expand. Allocating too few resources to the process could cause key documents to be overlooked, denying you and the other side key evidence. Overengineering the process could generate too much data, raising costs and risking the ire of the courts.
As e-disclosure has become a regular feature of litigation and regulatory processes, the consequences of getting it wrong are no longer hypothetical. This fact was amply demonstrated earlier this year in the case of West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC), [2012] All ER (D) 60 (May) in which a significant costs order was made against the West African Gas Pipeline Company for failing to provide adequate disclosure, in part due to mistakes made during its search for and review of its own documents.
As data volumes have grown, technology has become an
