I am about to record two video webinars with MBL Seminars covering different aspects of eDisclosure in England and Wales.
One, to be broadcast on 25 February, is called eDisclosure – the Rules and Practice Directions. The regulation of disclosure is not to be found only in Part 31 and its practice directions. The overriding objective in Part 1 CPR and the court’s management powers in Part 3 CPR impose relevant requirements, and there are also provisions relating to costs which inevitably affect the sensible scope of disclosure. There is a crossover between costs and conduct whose ambit is wider than disclosure and which may catch you out if your sole focus is on Part 31.
The other, to be broadcast on 23 March, is called eDisclosure – Identification and Retrieval of Documents. It will have two broad themes. One is the range of sources which exist and which lawyers ought to consider (at least) when preparing to give disclosure. The definition of a “document” in the Rules is very wide, and this part of the webinar will help to ensure that none is overlooked.
The second theme is the availability of technology designed to identify and help manage all the potentially disclosable data. Quite apart from anything else, this technology, used early enough, can help decide what is worth looking at in depth and what can the left on one side because its cost is to high relative to its value.