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06 July 2012 / Adrian White
Issue: 7521 / Categories: Features , Profession
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Perfecting the process

Getting e-disclosure right is essential as the courts take a tougher approach to document review, says Adrian White

How to approach an e-disclosure exercise is a growing dilemma for law firms and their clients as the volume and diversity of documents continues to expand. Allocating too few resources to the process could cause key documents to be overlooked, denying you and the other side key evidence. Overengineering the process could generate too much data, raising costs and risking the ire of the courts.

As e-disclosure has become a regular feature of litigation and regulatory processes, the consequences of getting it wrong are no longer hypothetical. This fact was amply demonstrated earlier this year in the case of West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC), [2012] All ER (D) 60 (May) in which a significant costs order was made against the West African Gas Pipeline Company for failing to provide adequate disclosure, in part due to mistakes made during its search for and review of its own documents.

As data volumes have grown, technology has become an

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn—Richard Surtees

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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