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E-disclosure: Information overload?

Sofie Edwards, James Bickley & Leon Major discuss the role of technology in multiple claimant proceedings
  • How disclosure is impacted in mass claimant proceedings and why technology (eDisclosure) is integral to how data and information is stored.

The popularity of multiple claimant proceedings—the collective proceedings regime for breaches of competition law, representative actions, and claims brought by way of a Group Litigation Order (GLOs) (often generically referred to as collective or class actions)—has been steadily growing in the English legal landscape over the past decade. The scale of these claims—sometimes involving many millions of consumers and/or businesses—can require an unprecedented level of project management from many different contributors. One of the keys to the success of bringing such claims is managing the extent of disclosure.

These procedural mechanisms enable claimants to pursue the enforcement of their rights on a combined basis. Without the ability to bring such claims, affected parties would be unlikely to obtain compensation for the harm they have suffered, predominantly because the costs associated with bringing an individual claim may far outweigh their recoverable loss. Multiple

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