Author Archives: Chris Dale

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About Chris Dale

Retired, and now mainly occupied in taking new photographs and editing old ones.

Keeping informed on information about informaton

It is getting hard to keep up. The various aspects of information and justice which I write about are developing faster than I can put quill to keyboard. I wrote my piece An information war at the week-end and updated … Continue reading

Posted in Data privacy, Data Protection, EU, EU Safe Harbor, Litigation Support, Lord Justice Jackson | Leave a comment

An information war – making connections between privacy, liberty, policing, law and government

An American e-discovery site put up a link last week to a video showing police brutality. It is not just me, then, who sees connections between apparently diverse aspects of justice. Privacy and the right to go about your business … Continue reading

Posted in Data privacy, Data Protection, EU | Leave a comment

Have the Woolf reforms worked?

An article in the Times of 9 April had the title Have the Woolf reforms worked? Written by Lawrence West QC, it makes an uncompromising start with the assertion in the first paragraph that “the reforms — known as the … Continue reading

Posted in Access to Justice, Case Management, Court Rules, Courts, CPR, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Lord Justice Jackson | Leave a comment

Confounding the expectations of a cynical audience

Susan Boyle, the unlikely-looking star of Britain’s Got Talent, reminds us that first impressions may mislead. You do not know how good something can be unless you see – or, in this case, hear – it. Your cynicism as to … Continue reading

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

Distinguishing workplace spying from data collection

It is usually possible to reconcile employees’ legitimate privacy concerns and a company’s equally legitimate rights and obligations to collect data if you go about it properly. A story in Der Spiegel shows what happens when you get it wrong. … Continue reading

Posted in Data privacy, Data Protection, E-Discovery Suppliers, eDiscovery, Forensic data collections, Guidance Software, Regulatory investigation | Leave a comment

Taking the Administrative Courts to the regions

The Times of 9 April carried an interview with Sir Anthony May, President of the Queen’s Bench Division. Its title London-centric? We are taking power to the people conveys the gist of the article. The Administrative Court is to soon … Continue reading

Posted in Access to Justice, Civil justice, Courts, HM Courts Service | Leave a comment

Autonomy appoints Robert Webb QC as non-executive chairman

Autonomy Corporation Plc has appointed Robert Webb QC as its Non-Executive Chairman with effect from 1 May 2009. Robert Webb was General Counsel at British Airways from 1998 until recently. He practised at the Bar from 1971, becoming Queen’s Counsel, … Continue reading

Posted in E-Discovery Suppliers | Leave a comment

Welcome to FTI Technology as a sponsor of the e-Disclosure Information Project

It is very good to welcome FTI Technology as a sponsor of the e-Disclosure Information Project. FTI Technology is a segment of FTI Consulting, Inc., a global business advisory firm, and brings immense resources to bear on the acquisitions and … Continue reading

Posted in Australian courts, Courts, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Litigation Support, Regulatory investigation | 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

Electronic Working Pilot Scheme

I have not had the chance to read it yet, but Practice Direction (Electronic Working Pilot Scheme) supplementing rule 5.5 of the Civil Procedure Rules 1998 provides for a pilot scheme by which, in the circumstances set out in the … Continue reading

Posted in Litigation Support | Leave a comment

NERDI and ClearGuideAutoKrolLexFTios

The e-discovery 2.0 blog scored an exclusive with a recent post. Under the heading Government Launches Bold New Recovery Effort, it reported the nationalisation of the US electronic discovery industry. A new authority, the National Electronic Discovery Institute (NERDI) was … Continue reading

Posted in Litigation Support | Leave a comment

Discovering inspiration from heroes of the past

My primary topic, electronic discovery or electronic disclosure, is a sub-set of a wider subject – more than one wider subject, indeed. It is important as a matter of simple business efficiency; it is critical to the subject of access … Continue reading

Posted in Litigation Support | 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

Explaining the Procrustean Bed

My post Zander sees his Woolf CPR predictions fulfilled refers you to an article by Michael Zander QC. As an aside, a generation deprived of a classical education may be puzzled by Zander’s reference to a “Procrustean bed”, as I … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, Electronic disclosure, Judges, Part 31 CPR | 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

Podcast summarises Equivio benefits

I recorded a podcast last week with Warwick Sharp, Vice President of Marketing and Business Development at Equivio. It is available from Equivio’s home page. I know there is no great technology involved in podcasts, and I might be expected … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Equivio | Leave a comment

Free e-disclosure podcast from CPDCast

I recorded a podcast last week with James Sheedy of CPDCast. You can listen to it for free and solicitors, barristers and ILEX member can get CPD points for doing so. There is a note at the bottom of this … Continue reading

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

The FSA swoops on the unprepared

The American Museum of Natural History in New York contains many tableaux – scenes of animals and man in various stages of early development. My son and I spent an afternoon in there when LegalTech had ended and I found … Continue reading

Posted in eDiscovery, Electronic disclosure, LegalTech, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

Blame Brown and be frightened of the FSA says Regulator Sants

Hector Sants, Chief Executive of the FSA, made two strong speeches last week. In one he blamed Gordon Brown for his contribution to the economic crisis. In the other he warned of a tough new attitude to regulation which ought … Continue reading

Posted in Litigation Support | Leave a comment

Autonomy finalises Interwoven acquisition

An overnight press release confirms that Autonomy’s acquisition of Interwoven has been finalised. It has been understandably difficult to get any useful comment out of either of them (I have tried) whilst the transaction was awaiting the formal approvals necessary … Continue reading

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

The growing importance of metadata preservation in eDiscovery

If UK lawyers do not share the US enthusiasm about the preservation, collection and use of metadata, that is in part because they are not clear what it is and how it might be used. A forthcoming webinar will be … Continue reading

Posted in Case Management, CaseLogistix, Commercial Court, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation costs, Litigation Support | 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

Guidance Software Q4 results – a guide to the wider market?

Guidance Software, Inc., which is amongst the sponsors of the e-Disclosure Information Project, has posted Q4 2008 results which are its best quarter’s results in its history, with revenue of $25.2 million. CEO Victor Limongelli was on bullish form in … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation Readiness | 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

As the sun sinks slowly in the West we say farewell to LegalTech – or do we?

You are all too young to remember the clichéd ending to those American travel documentaries which always ended with the sun sinking slowly in the West. So am I, despite being old enough to remember telexes and carbon paper as … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Legal Technology, LegalTech, Litigation Support | Leave a comment

Light relief at LegalTech

I occasionally like, at the end of the week, to write about things which are not directly related to e-discovery or are, at least, aimed at the lighter side. Charles Christian has saved me the trouble this week with an … Continue reading

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

Autonomy panel at LegalTech points to proactive clients – and lawyers

Panel sessions at LegalTech and other conferences combine the best of all worlds so far as I am concerned. The burden is distributed – the moderator has to have a plan and the ability to herd the speakers through it, … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

Trilantic panel explores international e-Discovery initiatives at LegalTech

Not much changes at LegalTech from year to year. Sure, the trends come and go – “the move to the left”, Twitter, and “Please look at my CV” being this year’s big things – but for the most part, the … Continue reading

Posted in Data privacy, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, Electronic disclosure, LegalTech, Litigation Support, Trilantic | 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

Mediation – not about just settlement but just about settlement

Professor Dame Hazel Genn QC has launched a stinging attack on the downgrading of civil justice and the promotion of mediation at the expense of the civil litigation system. ADR is a worthy parallel remedy but government promoted it more … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Electronic disclosure, Judges, Litigation, Litigation costs | Leave a comment

Judge Facciola LegalTech messages are for UK as well as US lawyers

There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support | 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

Parallel views from across the Atlantic

The respected e-discovery commentator Tom O’Connor has published his initial report on LegalTech on his blog, with the title The Big Takeaway from LegalTech New York. His patch in the US e-discovery scene roughly parallels mine in the UK. We … Continue reading

Posted in CaseLogistix, Civil justice, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, LegalTech | Leave a comment

Kazeon to host judicial e-discovery webinar

I have yet to write up the tremendous speech made by US Magistrate Judge John Facciola at LegalTech in New York last week. My excuse, if such be needed, is that it contained so much of importance to anyone practising … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation Readiness, Litigation Support | Leave a comment

Hanzo Archives show web archiving at LegalTech

So, you have got your mind round this “move to the left” bit they were all talking about at LegalTech and you are clear about the importance of information management, the first stage of the EDRM diagram as a start-point … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation Readiness, Regulatory investigation, Web Sites and Blogs | Leave a comment

How safe is safe harbor?

I spoke on safe harbor on a panel at LegalTech sponsored and led by LDSI. Does it give as much protection as its proponents aver? Why is Europe so concerned about data privacy anyway? It is a beguiling expression, safe … Continue reading

Posted in Brussels, Data privacy, Data Protection, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, LegalTech | 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

Discovery Practice Note issued in Australia

The Chief Justice of the Federal Court of Australia yesterday gave effect to the long-awaited Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation. Those of us involved in drafting … Continue reading

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

Legal Technology Awards 2009

I went to the Legal Technology Awards last night at the kind invitation of Nigel Murray of Trilantic. Nigel disappointingly, turned up in black tie and not the lycra cycling gear which we had hoped to see (read Murray to … Continue reading

Posted in E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Trilantic | Leave a comment

Welcome to Equivio as new Project sponsor

I am delighted to welcome Equivio as a new sponsor of the e-Disclosure Information Project. As I wrote in November (see New integration and new web site for Equivio) I met CEO Amir Milo at the Masters Conference in Washington. … Continue reading

Posted in CaseLogistix, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, KCura, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Masters Conference | Leave a comment

OutIndex releases E-Discovery engine

OutIndex, the electronic discovery software company has added another string to its bow with the release of three Microsoft .NET components to allow others to build their own e-discovery applications. Between them, the three components provide the tools for extracting … Continue reading

Posted in Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, EU, EU Safe Harbor, LegalTech, Litigation Support | Leave a comment

Jackson sets out some litigation costs issues

A thoughtful article by Simon Davis and Simon James of Clifford Chance has appeared on the Lexology site. A purist might quibble about its title – Jackson’s dilemma – or how to cut the cost of litigation – on the … Continue reading

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

Plenty to write about but no time to write

I had a patch recently when I had no time to write for a few days. Someone sent me a message, not exactly complaining, but making it clear that my apparent dereliction of duty had been noticed. It is not … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Law Society, LegalTech, Litigation, Litigation costs, Millnet | Leave a comment

Murray to cycle across the Channel

We have certain expectations of people based on what we have seen or heard of them in the past. Mention a name and you can picture a context. Take Nigel Murray of Trilantic, for example. What comes to mind? Sitting … Continue reading

Posted in Litigation Support | Leave a comment

Autonomy to buy Interwoven

I am not much into instant journalism, but it is nevertheless good to be able to report on the big stories as they happen. Just my luck, then, to be stuck on a train with a day full of back-to-back … Continue reading

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

LegalTech event updates

I have updated my list of LegalTech events which involve a UK supplier, a UK speaker or are otherwise of interest. I see that I am now down to speak on four panels on Tuesday, one for LDSI, two for … Continue reading

Posted in Litigation Support | Leave a comment

Taking a short cut to Manhattan

This morning’s newspaper has dramatic photographs of the ditched US Airways plane floating in the Hudson River in New York – just what you want to see a few days before you set off for New York by air. The … Continue reading

Posted in Litigation Support | Leave a comment

Fannie Mae – be careful what you agree to with e-discovery orders

The American Fannie Mae case shows what can happen if a lawyer unskilled in electronic disclosure agrees to something which is beyond his skills and knowledge. UK judges may baulk at questioning an advocate’s expertise, but they have an absolute … Continue reading

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

Lights still on at Canary Wharf

You can just see from this photograph taken yesterday that the boilers are still working at Canary Wharf and that public transport – the brightly-lit train running across the bottom of the picture – is still functioning more or less … Continue reading

Posted in Litigation Support | Leave a comment

US Visa Waiver Program goes electronic with ESTA

UK visitors to LegalTech in February should be aware of a change to the method of applying for authorisation under the US Visa Waiver Programme. The familiar old green form, completing which used to fill up some of the time … Continue reading

Posted in eDisclosure, eDisclosure Conferences, LegalTech | Leave a comment

Go to LegalTech 2009 in New York

Last year, I wrote articles after each of LegalTech in New York and ILTA in Dallas, lamenting the fact that almost no UK law firms were represented at the two most informative events on the subject of e-Discovery / e-Disclosure. … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, LegalTech | 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

Epiq opens in Brussels

Epiq Systems, Inc. have opened an office in Brussels to provide support for clients involved in pan-European and global litigation and regulatory investigations. Epiq is best known for its DocuMatrix review platform and for corporate insolvency, as well as for … Continue reading

Posted in Brussels, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Litigation, Litigation Support, Regulatory investigation | Leave a comment

Autonomy CEO named Entrepreneur of the Year

Mike Lynch, CEO of Autonomy, has been named Entrepreneur of the Year by the UK’s Management Today in its Top 100 Entrepreneurs 2009 list. The ranking takes account of a wide range of historic and projected factors – not just … Continue reading

Posted in Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

SCL meeting – Civil Litigation Costs Review

Lord Justice Jackson is conducting a year-long review into the costs of civil litigation at the request of the Master of the Rolls. His terms of reference require him to undertake a fundamental review of the rules and principles governing … Continue reading

Posted in Access to Justice, Civil justice, Litigation, Litigation costs, Lord Justice Jackson | 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

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

US-EU wars over privacy and discovery

Americans who do not sympathise with EU notions of private information need to learn some European history and to understand how the UK government’s erosion of personal liberty makes us cling to such privacy as we have left I am … Continue reading

Posted in Data privacy, Data Protection, eDisclosure, eDiscovery, Litigation Support | 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

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

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

Australian judgment served via Facebook

Lawyers in Australia have served a default judgment on borrowers by sending it via Facebook. The Supreme Court of Australian Capital Territory gave leave for service to be effected in this way because the borrowers had left their last-known address. … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Legal Technology, 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

An Epiq Christmas Party

Christmas parties are a bit thin on the ground this year. To judge by the many reports in the business press of party cancellations, doing without them seems either to be a sign that the petty cash box is empty … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Epiq Systems, Litigation Support | Leave a comment

Webinar: Benchmarking E-Discovery Methods

The webinar anticipated in this post has now taken place. My report on it, and its fortuitous coincidence with a new UK case,  can be found in my post Getting expert evidence in front of the court which also includes … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation, Litigation costs, Litigation Support, Masters Conference | 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

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

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

New integration and new web site for Equivio

Equivio has reached the enviable position of being synonymous with de-duplication and data redundancy. It is not that no-one else does it, but Equivio specialises in it and has moved outwards from that specialist niche into the business functions which … Continue reading

Posted in Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Litigation, Litigation Support | Leave a comment

Job cuts at the Legal Services Commission

The Government’s commitment to access to justice is so important that it even warrants capital letters – it is Access to Justice, no less, which, as I noted in another post recently, must mean that it is an “initiative” (or … Continue reading

Posted in Access to Justice, Civil justice, Litigation, Litigation costs | Leave a comment

Companies in dark over litigation costs

Companies in dark over litigation costs is the title of an article on the Financial Times web site today (login required). It tells of an Ipsos Mori survey commissioned by Addleshaw Goddard. The survey’s subject-matter was more specific than the … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness | Leave a comment

Jackson and CJC focus on costs models

Lord Justice Jackson’s review of litigation costs will presumably cover a wide range of subjects from rules and procedures, to the actual practice in the courts, to the better use of technology, to training matters and beyond. One of the … Continue reading

Posted in Court Rules, CPR, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Birmingham Law Society e-disclosure seminar

A collections expert, a data archive specialist, a commercial barrister and a judge took a Birmingham audience – the second audience there in three weeks – through the stages of data handling, from organising it on the clients’ server, through … Continue reading

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

Terms of reference of litigation costs review

The Terms of Reference for Lord Justice Jackson’s review of costs have now been published. The stated objective – “To carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations … Continue reading

Posted in Case Management, Courts, Litigation, Litigation costs, Lord Justice Jackson | 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

How to build and validate effective keyword filters

The use of keywords to cut through large volumes of data is a vital skill. A webcast next week focuses on how time and costs can be saved by the effective use of keywords. If I had a couple of … Continue reading

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

Catching up with CaseLogistix

Products and suppliers have taken a back seat in this blog whilst wider issues and travelling have taken most of my time. Anacomp’s CaseLogistix has been busy, with a new paper on the discovery of audio files. It has a … Continue reading

Posted in CaseLogistix, Court Rules, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness | 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

Lord Justice Jackson to head litigation costs review

The Master of the Rolls, Sir Anthony Clarke, has appointed Lord Justice Jackson to head a committee to review the costs of civil litigation. The appointment apparently follows a meeting between Sir Anthony Clarke and Bridget Prentice, Parliamentary Under Secretary … Continue reading

Posted in Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson, Ministry of Justice | Leave a comment

Speaking and listening in Australia

Sydney feels familiar from the moment you step off the plane. It is not just its culture, language and architecture which makes you feel at home – its law, its information management issues, the remedies available to judges and the … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, KPMG, Kroll, LexisNexis, Litigation, Litigation Readiness, Litigation Support | Leave a comment

Betting on certainties in the information war

The odds on gaining improved information management from the recession are better than those on offer for Peter Mandelson’s resignation before the next election. The war to tame the information needed for litigation and regulation, like other wars, will breed … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Document Retention, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Birmingham barristers see e-disclosure applications

A seminar in Birmingham allowed an audience of lawyers to see some of the applications used to handle electronic disclosure topped and tailed by some explanation of the litigation context. It was not just a trade show but a visual … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, FoxData, Judges, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR, Trilantic | Leave a comment

Case law at last on scope of reasonable search

We at last have a reported case on the scope of a reasonable search for electronic documents and on the duty of parties to co-operate. You do not need case law to validate a clear rule, but Digicel (St Lucia) … Continue reading

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