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10 November 2017 / Ed Crosse
Issue: 7769 / Categories: Opinion , E-disclosure , Profession , Budgeting
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A new dawn for disclosure

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It’s time for the profession & the judiciary to engage constructively to create a world class civil disputes regime, say Ed Crosse & David Bridge

Over the past couple of years there has been growing momentum for major change in the approach to disclosure of the courts in England and Wales. The proliferation of data exchanged between people and stored by individuals and companies has left the traditional approach to disclosure looking antiquated. The language of the current rules assumes that hard copy documents will be the norm, with a separate Practice Direction (PD) bolted on to cover electronic documents, which in truth now make up the vast majority. The entitlement to ‘inspect’ documents, rather than receive copies in native format complete with meta-data, is indicative of this, harking back to a period when lawyers visited each others’ offices to view lever arch files of material.

There have, of course, been changes in practice. The courts have accepted the reality of electronic disclosure and methods of searching for documents that, by necessity limit the number that need to be subject

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MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

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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