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06 November 2008
Issue: 7344 / Categories: Features , LexisPSL
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Co-operation is the key to successful disclosure

Amanda Wadey reports on Digicel v Cable & Wireless where the parties were taken to task for failing to agree the ambit of e-disclosure

Electronic disclosure

Refs: Digicel v Cable & Wireless [2008] All ER (D) 226 (Oct)

Facts of the case

Mr Justice Morgan has emphasised the need for parties to work together so that the e-disclosure exercise is as fruitful as it can be.

The parties were in dispute over whether or not the defendant telephone operators had deliberately delayed interconnection with the claimant mobile telephone companies’ networks. The claims are for damages arising out of alleged breach of statutory duty in seven different jurisdictions in the Caribbean. Following disclosure, which included the disclosure of a considerable number of electronic documents, the claimant made an application for specific disclosure of back-up tapes and electronic documents.

Back-up tapes

Refs: CPR PD 31, para 2A; Byers v Illinois State Police 53 Fed R Serve 3d 740 (N D III May 31, 2002);  Zubulake v UBS Warburg LLC (2003) 217 F.R.D. 309

The claimants sought restoration of back-up tapes located in three countries

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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