header-logo header-logo

Co-operation is the key to successful disclosure

06 November 2008
Issue: 7344 / Categories: Features , LexisPSL
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn Premium Content

Partner appointment in firm’s equity capital markets team

NEWS

Law school partners with charity to give free assistance to litigants in need

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Magic circle firms, in-house legal departments and litigation firms alike are embracing more flexible ways to manage surges of workloads, the success of Flex Legal has shown

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

back-to-top-scroll