Clare Arthurs & Richard Marshall share an (almost) A-Z guide to (multi-track) disclosure
Access to documents
Where and in what form are the relevant documents stored and located? How easy will it be to access them?
Back up policies
What is the company policy on back-ups for disaster recovery purposes? Daily, weekly, monthly? How and where are the back-ups stored?
Case management conference
You must have all your disclosure ducks in a row well in advance of the CMC, to enable the court to make effective and realistic directions.
Disclosure statement
Who should sign this important statement? It should be the party wherever possible, or potentially the legal representative where disclosure has become a massive or particularly complicated business.
Electronic disclosure
Does your case lend itself to the electronic disclosure regime? A separate A to Z may be required for that one!
Fixed fee
If you are outsourcing the electronic aspects of disclosure, consider asking your provider for a fixed fee.
Get talking
Parties should discuss and seek to agree a proposal for disclosure which meets the overriding objective, not less than seven days
