Search Results for: digicel

Cable & Wireless beats off Digicel claims

Cable & Wireless has beaten off Digicel’s claim that its entry into the Caribbean telecoms market was deliberately and wrongfully blocked by Cable & Wireless. According to an article in the Guardian, Cable & Wireless Communications wins legal war with … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Second Digicel judgment concerns privilege not e-disclosure

A second Digicel judgment does not bear on the subject of e-disclosure, but relates to alleged waiver of privilege in documents containing legal advice. A mention of it here might forestall confusion on the part of those who turn up … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Privilege | Leave a comment

SCL Summary of Digicel v Cable & Wireless

I have written much about the Digicel case Digicel (St. Lucia) Ltd v Cable & Wireless Plc [2008] EWHC 2522 (Ch) but delayed writing a summary of the actual judgment because I knew that barrister Clive Freedman was doing so. … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs | Leave a comment

A takeaway of Digicel tips

The old cliches are the best, and it is fair to say that English judgments about the case management of electronic disclosure are like London buses at the moment. After years with hardly any any reported cases, we have had … Continue reading

Posted in Case Management, Court Rules, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation Support | Leave a comment

Is Hedrich more important than Digicel for e-disclosure?

A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should carry a warning that litigation can cost you. For litigation is an inherently risky business: there are no certain winners; and very often … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs | Leave a comment

The revolutionary consequences of Digicel

The importance of Digicel v Cable & Wireless lies not in any new law and still less in allocating blame for the outcome. We cannot predict its consequences but what matters is that everyone now knows about the Practice Direction … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Judgment in Digicel (St Lucia) v Cable & Wireless

I wrote about this case on the basis of a short summary of the judgment – see Case law at last on scope of reasonable search. In summary, I described it as important not because it made any new law … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Book review: Electronic Disclosure Law and Practice by Michael Wheater and Charles Raffin

Electronic Disclosure Law & Practice by Michael Wheater and Charles Raffin. Oxford University Press | £175 I don’t think I betray any secrets by saying that I was asked to review the outline, the table of contents and the structure … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

The crossover between Triumph Controls and other disclosure developments

Judgment in Triumph Controls UK Ltd & Anor v Primus International Holding Co & Ors [2018] EWHC 176 (TCC) was delivered by Coulson J on 7 February 2018, the same day as the very good session explaining the new disclosure … Continue reading

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Bringing clarity to the implications of the proposed new disclosure rule

I went last week to a panel discussion called Have your say on the proposed disclosure rule changes. It was held under the auspices of the UK Chapter of ACEDS (the Association of Certified eDiscovery Specialists), organised largely by the … Continue reading

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Recommind panel session: predictive coding and life after Pyrrho

The judgment in Pyrrho Investments Ltd v MWB Property Ltd & Ors was delivered on 16 February, and Recommind was quick off the mark to get a discussion panel organised for 15 March. The crypt of St Paul’s was packed … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding, Recommind, Technology Assisted Review | Tagged , | Leave a comment

Costs and procedural complexities – appeal struck out for simple disclosure failures

Although Gordon Exall (he of the excellent Civil Litigation Brief) said recently on Twitter that he wished that he covered a subject which “got [him] trips around the world”, that “overrated pastime” (as I described it in reply) has reduced … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Relief from sanctions | Leave a comment

TAR-red with the same brush in the US and Ireland

The last few days have brought us significant court rulings in the US and in Dublin about the use of technology which is variously called predictive coding, technology-assisted review, computer-assisted review, and other names indicative of the joint application of … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

Dispute resolution in Singapore and Hong Kong – a turn-of-the-year round-up

It is time that I did a review of eDiscovery developments in the Asia-Pacific region, and particularly the common law jurisdictions of Hong Kong and Singapore. It is perhaps only from half a world away that one lumps Hong Kong … Continue reading

Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hong Kong, Singapore | Leave a comment

Smailes v McNally: eDisclosure consequences of failure to comply with a clear Unless Order

My original plan was to include this case in a summary of recent eDisclosure cases. Once the long-delayed appeal judgment was published, it warranted more detail than the compendium would bear, so I publish it separately. The eDisclosure case of 2014 … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Comparing like with like and keeping eDisclosure fears in proportion

“E-disclosure is about being clever with the way you do document reviews. It’s about picking the right search terms, using a good provider and having a proper hosting platform.” This sensible quotation, from RPC disputes head Geraldine Elliott, appears in an … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

A tribute to former Senior Master Steven Whitaker

While I was away, Steven Whitaker resigned as Senior Master of the Senior Courts in the Queen’s Bench Division. Steven Whitaker’s skill lay in making procedure the servant of justice; the prevailing orthodoxy is that procedure is an end in … Continue reading

Posted in Litigation Support | 1 Comment

Mitchell and relief from sanctions under CPR 3.9 Part 3: eDisclosure compliance

Two preceding articles have considered the implications of the Mitchell judgment, one in general terms and one more specifically, with a look at alternative approaches which we might see from the courts. This third post looks at what the disclosure … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR | Leave a comment

An optimistic article about eDisclosure post-Jackson – and a less sanguine one

Georgina Squire of the London Litigation Solicitors Association has written a concise and practical guide to eDisclosure under the new rules, which has been published in the New Law Journal. It is called A brighter future? (not the first, I … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

Jackson events next week with Epiq and Consilio and guides from Judge Brown, Dominic Regan and Kerry Underwood

A tweet last week compared the first few days of the new case and costs management regime with 1939 – the reference was not intended to evoke anything belligerent but that period of uneasy calm known as the Phoney War … Continue reading

Posted in Consilio, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems | Leave a comment

A clear message from the Master of the Rolls about CPR enforcement

You might perhaps be forgiven for thinking that the case management parts of the Civil Procedure amendments won’t really affect you. It is not just that their launch has been confused, to use a charitable term; those who came through … Continue reading

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Epiq joins the NLJ for a roundtable discussion on costs and case management

The New Law journal is running a series of roundtable discussions on various aspects of litigation and dispute resolution. I have my eye on the events in this series because I am due to take part in one shortly. Quite … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems | Leave a comment

Singapore case – Specific Discovery – Sanae Achar v Sci-Gen Ltd

A new case from the Singapore High Court involves an appeal against an order for specific discovery of documents. The case is Sanae Achar v Sci-Gen Ltd
[2011] SGHC 87  The appellant lost and was ordered to disclose more or less what had … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | Leave a comment

Aggressive Transparency and Strategic Cooperation in Electronic Disclosure

Lieutenant Schrank: You hoodlums don’t own these streets. And I’ve had all the rough-house I can put up with around here. You want to kill each other? Kill each other, but you ain’t gonna do it on my beat. … … Continue reading

Posted in Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, LegalTech, Litigation, Part 31 CPR | Leave a comment

International discovery, sanctions, ethics and US-UK comparisons at Georgetown

I was, I think, the only UK speaker (or, indeed, delegate) at the Georgetown Advanced e-Discovery Institute. If the primary reason for going was to talk about US-EU differences, there was progress made too on the continuing US-UK dialogue about … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Roundup of The Masters Conference 2010

“We have been travelling since we saw you last. We have been in America, entertaining the Americans whose need, let’s face it, is greater even than yours. Of course when we’re over there we say that the other way round” … Continue reading

Posted in AccessData, Clearwell, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, EU Safe Harbor, Guidance Software, Integreon, KCura, Litigation, Litigation Support, Masters Conference, Nuix, Summation, Trilantic | Leave a comment

Discovering new methods of persuasion

As you know, part of my role is to persuade, and I am always looking out for new ways of getting people to consider how best to handle electronic documents. It is the mere consideration which matters – no-one is … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Getting in amongst the lawyers

I referred in my last post (see The Last Lap) to the  law firms which lie below the very biggest and which have the potential to be the standard-bearers for a new approach to managing litigation. Many of their lawyers … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Litigation, Litigation Support, Trilantic | Leave a comment

Ark Group eDisclosure conference in London

On my way to London yesterday to chair the Ark Group ediscovery 2010 conference, I read about the deletion of e-mails by an aide to the Qatari royal family (see Guardian article here). The allegation is that 19 e-mails referring … Continue reading

Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, Litigation, Litigation Support, Recommind | Leave a comment

Judicial ediscovery comparisons at CEIC

I did a short summary piece about two of the sessions which I attended at CEIC in Las Vegas (see CEIC comes to an end), promising to expand on them when I got home. I am not quite home, sitting … Continue reading

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IQPC the best London e-disclosure conference again

The three-day IQPC Information Retention and eDisclosure Management Summit is over for another year. It is the biggest and best conference in the London calendar and one which genuinely aspires to do better each year. Everyone I spoke to seemed … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FRCP, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery | Leave a comment

E-Disclosure law, practice and technology in one educational package

The first of the E-disclosure seminars organised jointly by Professor Dominic Regan and me took place yesterday at Ely Place Chambers. Dominic and I were joined by Senior Master Whitaker and by speakers from three technology providers, 7Safe, Legal Inc … Continue reading

Posted in Attenex, Case Management, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FTI Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Singapore e-Discovery judgment shows international commonality and active management

A judgment by Senior Assistant Registrar Yeong Zee Kin in the Singapore High Court last week shows the commonality in court-led management of e-Discovery between common law jurisdictions. The case is Deutsche Bank AG v Chang Tse Wen and others … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | Leave a comment

Vector Investments: successful claimant made to pay for unhelpful disclosure

Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading

Posted in Case Management, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Standards and outcomes: Hitler, the NHS, the police, social workers – and e-Disclosure

My heading, I appreciate, looks like the components of some random word game. There is in fact a connection, and it is to do with the supremacy of result over procedure and of destination over the journey. Hitler, the NHS … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire

There has been much interest in the draft eDisclosure Practice Direction and the Questionnaire which forms part of it. Lawyers and education providers keep asking for a sight of it. Lord Justice Jackson commended it. Rule-makers in other jurisdictions have … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Women in eDiscovery | Leave a comment

Mary Mack’s review of a decade of ediscovery

Is the rest of the ediscovery world really ten years behind the US? Perhaps it is Judge Scheindlin’s recent strictures which put the US so far ahead of the rest of us in the proportionate search for justice and truth. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

New Singapore e-discovery resource

Those who come here often will know that I was in Singapore in October last year shortly after the introduction of their Practice Direction No 3 on Discovery and Inspection of Electronically Stored Information . I had been invited to … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Singapore, Twitter | Leave a comment

The e-Disclosure Information Project in 2009 and 2010

My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading

Posted in Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

The Continuing Challenges of Preservation, Collection and Exchange

The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Part 31 CPR | Leave a comment

Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure

I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation costs, Part 31 CPR, Stroz Friedberg | Leave a comment

Legal Inc publishes e-disclosure podcast series

Litigation services provider Legal Inc has published the first two in a series of ten podcasts about electronic disclosure. They take the form of a dialogue between Legal Inc director Lisa Burton and me, and will between them provide a … Continue reading

Posted in Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Litigation, Litigation Support | Leave a comment

LexisNexis eDiscovery conference in Singapore

As you might infer from its name, the e-Disclosure Information Project set out with purely national ambitions. England and Wales is the only jurisdiction in the world to give the name e-Disclosure to the process of identifying, preserving, collecting and … Continue reading

Posted in Court Rules, Court Technology, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Judges, LexisNexis, Litigation, Litigation costs, Litigation Support | Leave a comment

Earles v Barclays Bank reported in the Times

Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Regulatory investigation | Leave a comment

Costs penalty for non-compliance with e-disclosure obligations

A judgment given yesterday by His Honour Judge Simon Brown QC sitting as an Additional High Court Judge in the Birmingham Mercantile Court, will focus minds on the need to comply with the requirements of Part 31 CPR and the … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Mercantile Courts, Part 31 CPR | Leave a comment

Information retention at e-Disclosure conference in Brussels

I demonstrated my own commitment to information retention by mislaying my notes of the sessions at IQPC’s Information Retention and E-Disclosure Management Europe Conference in Brussels last week. As with all the best document retention policies, this means that I … Continue reading

Posted in Brussels, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FRCP, IQPC, Judges, KPMG, Litigation Support | Leave a comment

Reaching informed agreement that e-disclosure is not needed

Having just published an article about whether electronic disclosure is needed in all cases, I turned to Ralph Losey’s blog to discover that he had just published an article about whether electronic discovery is needed in all cases. We do … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Part 31 CPR | Leave a comment

How would Bray & Gillespie play in the UK?

Bray & Gillespie is a US eDiscovery case which has attracted attention partly because its outcome was so predictable and partly for the strong views expressed by the judge as to the conduct of those involved. What would have been … Continue reading

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A round-up to catch up

There is a fair amount going on at the moment and a round-up note seems a good way of catching up. I will come back to some of these topics shortly with more detail than there is time for just … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure | Leave a comment

Judicial College gives hope of e-disclosure training

Today’s Times reports on the launch of a new Judicial College which will give judges the opportunity to top up their skills and keep up to date with developments in the law, practice and procedure. The Lord Chief Justice, Lord … Continue reading

Posted in Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

EDiscovery certification bars new entrants

I said in an earlier article (Recruiting one’s strength for post-recession litigation support) that I would come back to the difficult subject of e- discovery certification. The context in which it came up was that of the individual skills of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Collaborating to avoid the end of lawyers

I am not going to give you a full report of Richard Susskind’s talk to ILTA last week. Its basic premise is well-known to anyone interested in this area; I have written about it before; if you are interested, you … Continue reading

Posted in eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Sugaring the e-disclosure pill

My adverse comments on a post by an e-disclosure blogger known only as 585 bring reactions from Craig Ball and from 585 himself. What level of debate gets the messages across? Politics shows us how easily we can turn people … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Lord Justice Jackson | Leave a comment

Once bitten is twice shy – but you may find that things have changed

My experience of trying voice recognition software again after a failed experiment some years ago, has messages for those who have not caught up with developments in litigation support software. I have come back to voice recognition software after many … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Getting away from it all

I have never been much good at this holiday lark. I can manage the logistics of travel, and I do not suffer from any illusion that the world’s continuing rotation depends on my being at my desk. I can flit … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation Support | Leave a comment

Cooperative hands across the sea

My post about the increasing exchange of ideas between the US and UK on matters of electronic discovery (Preserving the old ways, protecting the new ways) followed a spate of references in US e-discovery commentaries to what is happening in … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Litigation Support, Part 31 CPR | Leave a comment

Australia at the centre of the discovery world

The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Ark Group e-Disclosure Conference 2009

You can generate a lot of notes in six conference days in three countries in nine days and have little time to transcribe them. I am quite good at actually recording what people say, less so at the small but … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, Litigation, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Jackson conference challenge to litigation support providers

Lord Justice Jackson laid down a challenge to litigation support providers at the Ark Group e-Disclosure 2009 conference in London last week. They must, he said, find a way to bring down the cost of e-disclosure; if they cannot, then … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

Graphical display of thesaurus terms

The graphical display of discovery / disclosure information has been one of the most interesting developments in software designed for search of all kinds. It is specifically so for litigation document review purposes and, perhaps even more so, for early … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Labour’s fall may be matched by litigation’s recovery

I have just sent off my slides for my keynote speech at the Ark Group’s e-disclosure conference on Monday 9 June. Its title is The Empty Bear Garden, and it is about the decline of litigation since the CPR of … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, DocuMatrix, E-Discovery Suppliers, eDisclosure, Epiq Systems, Litigation, Litigation costs | Leave a comment

Making a play to sugar the e-disclosure pill

In a previous post (The discovery of disclosure commonality with a trans-Atlantic judicial panel)  I told how IQPC had, at my suggestion,  invited US Magistrate Judge John Facciola and Chief US Magistrate Judge Paul Grimm to come to their Information … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation costs, Part 31 CPR | Leave a comment

The discovery of disclosure commonality with a trans-Atlantic judicial panel

If I were to define a perfect working day it would go something like this: wake up in a comfortable hotel and take a five minute stroll to Piccadilly; sit on a platform with the two leading US and the … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, IQPC, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

An old-fashioned huddle colloquium

My title comes from what appears to be an automatic translation of one of my recent articles which I came across on a site called 123people. What it has been translated into and by whom remains a mystery. My son … Continue reading

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Compliance with the demands of an e-disclosure diary

I don’t think I envisaged a peaceful life when I decided to commit all my time to promoting electronic disclosure, but I am not sure either that I foresaw this much activity compressed into a short space. It is just … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, IQPC, Litigation, Litigation Support, Lord Justice Jackson, Trilantic | Leave a comment

Something for everyone in the Jackson litigation costs report

Lord Justice Jackson’s interim report on civil litigation costs weighed in at 650 pages, not the 1,000 pages which rumour anticipated. It is as well that I am commentator not a newshound journalist, because I missed the big day and … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

The untapped potential of YouTube as a promotional medium

You can launch political policies, bands and brands on YouTube, but perhaps not 1,000 page interim reports on litigation costs. Lord Justice Jackson will do his launch tomorrow with an old-fashioned press conference. Other things, however, bring the marketing and … Continue reading

Posted in Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Keyword searching for e-disclosure documents is not like using Google

There is no one-size-fits-all answer when deciding what keywords (and what else apart from keywords) to use to arrive at the “right” set of documents for disclosure. You have to educate yourself to know what the court expects. There is … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Part 31 CPR | Leave a comment

KordaMentha picks EnCase from Guidance Software for Australian eDiscovery

Like sport and so much else, the idea of proving a legal case by discovery of documents is an old English concept which was adopted wherever the English had a hand in establishing a system of law. America kept it … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Litigation Support, Regulatory investigation | Leave a comment

Welcome to Legal Inc as e-Disclosure Information Project sponsor

I am delighted to welcome Legal Inc as a sponsor of the e-Disclosure Information Project, joining a group which is increasingly representative of the full range of e-disclosure suppliers and service providers. Legal Inc was set up by Lisa Burton … Continue reading

Posted in Andrew Haslam, CaseLogistix, Clearwell, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, Electronic disclosure, FTI Technology, IQPC, Litigation Support | Leave a comment

Catching up with KPMG

Part of the function of the e-Disclosure Information Project is to keep up with what the providers of software and services are doing. Given my emphasis on the human aspects of this business (which recurs in this blog and elsewhere … Continue reading

Posted in Attenex, Case Management, Clearwell, Commercial Court, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, KPMG, Litigation, Litigation Support, Part 31 CPR, Regulatory investigation | Leave a comment

Zander sees his Woolf CPR predictions justified

Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Mediation and ADR, Part 31 CPR | Leave a comment

How TREC can help you evaluate e-discovery investments

H5 and Clearwell Systems are giving a webinar on 19 March about TREC Legal Track’s practical application in evaluating and assessing search and review methods. Why should we in the UK pay attention? There is a danger in talking to … Continue reading

Posted in Clearwell, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation costs, Litigation Support | Leave a comment

Ark Group Conference 8-9 June 2009

The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading

Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR | Leave a comment

Law Society Seminar – Disclosure – the risks after Hedrich

I spoke yesterday at a seminar organised by the Law Society and sponsored by Legal Inc and Millnet. The theme was as foreshadowed in my article Law Society Disclosure Seminar in London and was implicit in the name I gave … Continue reading

Posted in Case Management, Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Judges, Law Society, Litigation, Litigation Support, Millnet | Leave a comment

Law Society Disclosure Seminar in London

I am presenting a two hour seminar in London next Monday 9 March under the auspices of the Law Society. Sponsored by Legal Inc and Millnet, both well-known suppliers of electronic disclosure solutions, this is a nuts-and-bolts review of everything … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, Electronic disclosure, Law Society, Litigation, Litigation Support, Millnet, Part 31 CPR | Leave a comment

Legal Inc panel at LegalTech lives up to its billing

Litigation support providers from the relatively small UK market  made a good showing at LegalTech in New York this year. Amongst them was Legal Inc who hosted a panel of luminaries moderated by Charles Christian of Legal Technology Insider. LTi … Continue reading

Posted in Andrew Haslam, Attenex, Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ernst & Young, FRCP, LegalTech, Litigation Readiness | Leave a comment

E-Disclosure Taster Menu in Bristol

I went down to Bristol last week with a group of electronic disclosure suppliers at the invitation of the Western Chancery & Commercial Bar Association. The aim, as in Birmingham last year, was not just to talk about electronic disclosure, … Continue reading

Posted in CaseMap, Court Rules, Courts, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, EDRM, Electronic disclosure, Equivio, Forensic data collections, FoxData, Judges, LexisNexis, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Part 31 CPR, Trilantic | Leave a comment

Collections trainees seek Guidance on civil e-discovery

One of the benefits of being linked to the companies who sponsor the e-Disclosure Information Project is the opportunity to talk to those who work for them. These are the people who are out meeting with and working with the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Regulatory investigation | Leave a comment

LegalTech lessons for lawyers from extinct species

Only one practising UK commercial lawyer came to LegalTech in New York. Recession hit the litigation support industry before our eyes. One of the recurring themes there was that the clients are taking discovery in house.  Down the road we … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support | Leave a comment

Welcome to LDSI as sponsor

You will have noticed a new logo on these pages as LDSI joins the list of sponsors of the e-Disclosure Information Project. LDSI is a full-service provider of a wide range of solutions for handling documents for litigation, regulatory and … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation costs, Litigation Support | Leave a comment

Why is electronic disclosure like ice-hockey?

Like ice-hockey, e-disclosure requires some equipment and some skills. You don’t need to be a genius, merely competent, and you can delegate the technical skills to others. You are on thin ice if you approach litigation in 2009 without the … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Identify early and co-operate in 2009

As I sign off for Christmas, I would like to thank all those who have sponsored, supported or in any other way encouraged the e-Disclosure Information Project in 2008 and wish you all a Merry Christmas and a Happy New … Continue reading

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation, Litigation costs | Leave a comment

Mancia: interest in US being interested in them

A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs | Leave a comment

Audio recordings of SCL e-disclosure seminar

My article Electronic Disclosure: Meeting the Challenge was a report of a seminar presented by the Society for Computers & Law in October. Janet Lambert, Christine Gabitass and I were the speakers under the chairmanship of Clive Freedman. The sessions … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Part 31 CPR | Leave a comment

SCL Predictions 2009

Computers & Law, the web site and magazine of the Society for Computers & Law always collect predictions at this time of the year from some of those who work at the intersection of law and computing. One of mine … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Mancia – US discovery lessons for UK lawyers

Many UK lawyers and judges affect disdain for the American way of litigating and, in particular, for the way US lawyers handle electronic documents. The UK lawyers’ perception that e-disclosure is all very expensive not only confuses cause and effect … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs | Leave a comment

Legal Inc and Andrew Haslam to work together

Litigation services provider Legal Inc has linked up with e-disclosure consultant Andrew Haslam of Allvision. Andrew Haslam will work on the design and delivery of disclosure services and projects and will provide strategic consultancy and business development advice. Both are … Continue reading

Posted in Andrew Haslam, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Law Society, Millnet | Leave a comment

Getting expert search evidence in front of the court

Yet another important new UK case on electronic disclosure, Abela v Hammonds, reaches me whilst I am listening to a US webinar about searching. The theme of both is knowledge, understanding and expertise – and co-operation to arrive at a … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, H5, Judges, Litigation, Litigation costs, Litigation Support | Leave a comment

Reviewing the Commercial Court Recommendations

The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs, Litigation Support, Outsourcing, Part 31 CPR | Leave a comment

Ignorance of mainstream technology may cost you

Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Legal Technology, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

E-Disclosure Information Project first birthday

November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading

Posted in CaseLogistix, CaseMap, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, Part 31 CPR, SEO, Trilantic, Web Sites and Blogs | Leave a comment

Getting new recruits into electronic disclosure

Despite having apparently been misunderstood when speaking about the subject, I remain enthusiastic to encourage more people, and especially women, into electronic disclosure. Recession may be a good time to gain experience in a new and growing area. You know … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ernst & Young, Litigation Support | Leave a comment

What exactly is it that you do?

A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet | Leave a comment

Autonomy Early Case Assessment at the Ritz

Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

LexisNexis and LDM joint venture

LexisNexis and LDM Global were hosts at a party on 6 November at the Andaz Hotel at Liverpool Street. The occasion was a link-up between them which brings together LDM’s role as a provider of a wide range of legal … Continue reading

Posted in Case Management, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, LexisNexis, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Electronic Disclosure: Meeting the Challenge

This was the title of a seminar presented by the Society of Computers & Law on 20 October when our hosts were Barlow Lyde & Gilbert. The Chairman was barrister Clive Freedman and the speakers were Janet Lambert, a partner … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Guidance Software launches Real eDiscovery

Guidance Software has produced the first edition of a new quarterly magazine called Real eDiscovery. The costs and risks of compliance with the demands of litigation discovery and regulatory investigations were going up the corporate agenda even before the recession … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Part 31 CPR | Leave a comment

Getting disclosure information out of SharePoint

I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment