I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds.
Gordon Exall has just published an article called Have you complied with an “Unless order”? Guidance in the context of the disclosure which, as he says in opening, relates to an order for eDisclosure which contains lessons of general relevance.
The “case in point” with which Gordon begins is Re Atrium Training Services Ltd in which the question arose as to whether an order for disclosure by a certain date had been complied with. There was a separate question as to the form of the list.
In considering Atrium, Gordon summarises all the principles which relate to disclosure and as to whether disclosure had properly been given – on which turned the question whether the party should be struck out. The article provides a pretty full statement of the principles and the rules which apply to questions about eDisclosure scope when they meet the new stringency of the post-Jackson regime.
The article should be kept close at hand by anyone involved in disclosure disputes.
eDisclosure Information Project 