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13 April 2018 / Helen Pugh , Michael Fletcher
Issue: 7788 / Categories: Features , Procedure & practice , Technology
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Trial technology (Pt 2)

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In the second article of a series on trial technology Michael Fletcher & Helen Pugh consider barriers to use

As we discussed last time, the technology is now available to permit a ‘paperless trial’ and yet, particularly given the prevalence of technology in our daily lives, relatively few trials are conducted this way (see ‘Trial technology’, NLJ, 30 March & 6 April 2018). In this article, we consider why this may be the case.

Stumbling blocks

There are many reasons why lawyers may not always use e-bundles, or the full range of trial technology. First, a significant factor is cost. E-bundles and electronic presentation of evidence (EPE) can be costly to prepare and to use, and some cases may simply not merit their use. For example, the cost of an e-bundle may not be substantially different to, and could even be more than, the cost of a hard copy bundle:

  • The cost of photocopying is replaced with the cost of the bundle provider and the cost of the solicitors liaising with the bundle provider. The task of indexing documents for inclusion
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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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