Author Archives: Chris Dale

Barrister Gordon Exall, author of the ever-useful Civil Litigation Brief, occasionally tweets links to his older articles, giving us the opportunity to remember the things which remain important. He recently put up a link to his post from January 2022 When … Continue reading →

I have good memories of the eDiscovery / legal technology events which I attended in Dublin over the years. This was partly because the host jurisdiction was so interesting – law firms who used technology properly, discovery rules which provoked … Continue reading →

I always appreciate cases about disclosure which attract the attention of the mainstream press. They remind us all, including those with no present thought of litigation, of the duties which arise in relation to the preservation of documents and data. … Continue reading →

I will readily admit that I have not read closely the 278 paragraphs in the judgment of Mr Justice Adam Johnson in Ocado Group Plc & Anor v McKeeve [2022] EWHC 2079 (Ch) (03 August 2022) – the “burn it” … Continue reading →

What is a sensible approach to commenting on a judgment? You have to read it first, obviously, then try and distil two or three points from it which may have some value for the reader. I like to include a … Continue reading →

The Greater London Authority’s oversight committee is soon due to publish a report into whether Boris Johnson abused his position as London mayor to “benefit and reward” Jennifer Arcuri’s companies, over-ruling official advice in relation both to sponsorship and to … Continue reading →

Unless there is a late outbreak of common sense, the libel action brought by Coleen Rooney against the other one (or is it the other way round?) begins today. If you are interested in the story, the BBC has an … Continue reading →

We recently saw a case where a phone bearing WhatsApp messages went yachting and ended up in the North Sea (my article is here). Next up is WeChat messages allegedly deleted by a two-year-old. I don’t really need to write … Continue reading →

I wrote last week about the pre-trial hearing in the libel action between Rebecca Vardy and Coleen Rooney. My only source was a news report in the Times, from which the points of passing interest for disclosure enthusiasts concerned a … Continue reading →

Even its enthusiasts have to admit that most stories of electronic discovery / disclosure lack popular appeal. Every so often, however, a story comes along which puts eDiscovery into the headlines. We grab them, thankful for something which pushes our … Continue reading →

Barrister Gordon Exall is once again my source for a judgment about disclosure in the High Court of England and Wales. The case is Ayannuga & Ors v One Shot Products Ltd and the judgment was delivered on 1 November … Continue reading →

A US case was struck out, and the plaintiff and his lawyers suffered financial sanctions, after clever experts spotted that the emoji on a screenshot of a text was not the one in use on the date of the alleged … Continue reading →

I am sorry, for more than one reason, to have to come back to Her Majesty’s Government as a source of discovery / disclosure stories, but they keep serving up incidents which are relevant to wider corporate disclosure. This time, … Continue reading →

I wrote recently about an unfortunate “IT glitch” which wiped text messages passing between a senior police officer and the Home Secretary, Priti Patel. It was difficult to cover this story – I did not particularly want to call the … Continue reading →

A casual observer of US discovery would conclude that the destruction of documents and data is a national pastime, with immense effort devoted both to deleting documents and to trying to prove that someone else has done so. To an … Continue reading →

This is a collection of  some eDiscovery-related things which have come up recently and which deserve to be captured. By chance rather than design, my side of the Atlantic features heavily. Update your website contact details Although I have no … Continue reading →

We live in a world where it is necessary to advise people not to drink the hand sanitiser, and where cautious lawyers make you put up notices warning that the water coming from a hot tap may be hot. In … Continue reading →

This and its accompanying article are about the probability that the Trump hospital pictures were taken on the date and at the time appearing from the published screenshots of the EXIF viewer. This shouldn’t need saying. but they are not … Continue reading →