Procedure & principle count in e-disclosure. Martin Bonney explains why
The principles of disclosure are once again being scrutinised as Lord Justice Jackson continues his fundamental review of the costs of civil litigation.
His review was commissioned by the Master of the Rolls in response to the perceived rise in the cost of civil litigation amongst both those bringing claims and those that most regularly have to foot the bill. Jackson’s key question throughout is: how can justice be done while keeping the costs proportionate? In his interim report—published in May—he has laid out a range options for reform to the system, many of them quite extensive.
This is no less true of e-disclosure than other areas and the report contains considerable analysis of e-disclosure, contained in ch 40, 41.
Jackson has identified the discovery process as one of the major contributors to the cost of civil litigation and has made it clear that this is one of the key aspects that he intends to address when his final recommendations are published at the end of the year.
Interestingly, in some of his
