header-logo header-logo

A new dawn for disclosure

10 November 2017 / Ed Crosse
Issue: 7769 / Categories: Opinion , E-disclosure , Profession , Budgeting
printer mail-detail
nlj_7769_crosse

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

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

Partner appointment in firm’s equity capital markets team

NEWS

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

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

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll