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02 September 2011 / Julian Copeman
Issue: 7479 / Categories: Features , Profession
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Electronic storm

Julian Copeman seeks the truth behind the e-mail trail

The impact of the widespread use of e-mail over the last 15 years is well known to litigators and courts alike. E-mail exchanges have come to provide a vivid minute-by-minute contemporaneous record of relevant events which allows courts to reconstruct who said what to whom and when in a way that once could only be hazily or contentiously reconstructed from later oral evidence. Lawyers and courts are well used to the disclosure and review of metadata to assist with questions of who drafted what aspects of documents and when. Further, e-mail forms part of the tsunami of electronic documentation which has fundamentally altered the extent, cost of and approach to, disclosure.

Fixed with knowledge

An issue of increasing concern to business people inundated with e-mails is the presumption that they have read any e-mail that is delivered to their inbox, and the worry that they will later be fixed with knowledge of a particular matter as a result of being copied into an e-mail they did not in fact read.

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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’
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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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