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13 July 2012 / Julian Miller , Sara Robertson
Issue: 7522 / Categories: Features , E-disclosure , Profession
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The three Ps

E-disclosure requires preservation, preparation & proportionality, say Julian Miller & Sara Robertson

It has been 18 months since the introduction of the electronic disclosure practice direction PD31. Since then there have been several cases setting out the implications for practitioners and their clients.

There are three key considerations litigants and their advisers must address. A failure to do so may result in adverse costs orders.

Preservation

Paragraph 7 of PD31 provides: “As soon as litigation is contemplated, the parties’ legal representatives must notify their clients of the need to preserve disclosable documents. The documents to be preserved include electronic documents which would otherwise be deleted in the accordance with a document retention policy or otherwise deleted in the ordinary course of business.”

Good practice now requires that solicitors include an appropriate instruction in their retainer letters, but this will rarely be enough of itself. How often do clients read terms and conditions in full? At an appropriate stage early in any case likely to proceed to litigation, there must be a frank discussion with the client regarding e-disclosure. This

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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

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

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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