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24 February 2011 / Jonathan Chan , Andrew Pimlott
Issue: 7454 / Categories: Features , Profession , Technology
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New horizons

Jonathan Chan & Andrew Pimlott consider new possibilities of electronic discovery

There is an undisputed requirement for electronic discovery projects to maintain a minimum forensic standard to preserve the evidential value of the documents and of the process itself. IT forensic investigations also share these principles. However, the proliferation of electronic documents poses issues of volume that contribute towards increased cost and time requirements in an IT forensic investigation. IT forensic investigations are generally structured around collection, examination, analysis and reporting.

This close alignment to the Electronic Discovery Reference Model (EDRM) allows us to integrate eDiscovery techniques with a traditional investigation, as the EDRM is a proven model of increasing relevance whilst decreasing volume. Given the shared goals and forensic principles of both disciplines, and that IT Forensic investigations are constantly growing in volume and sophistication, why do we rarely take advantage of lessons learned, and developed technologies in the eDiscovery arena?

Clearly, the earlier in an investigation that irrelevant data sources can be excluded will present time and cost savings in the processing and investigative review of data. The identification stage

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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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