Category Archives: Court Rules

We are a bit short of useful or interesting judgments about disclosure in England and Wales at the moment. We have the sound of distant battles (a phone dropped into the sea, a solicitor urging clients to “Burn it” when … Continue reading →

I wrote last week about an ACEDS webinar on 15 November called Navigating the turbulence caused by the Disclosure Pilot. I can now supplement that with a link to the amendments themselves: the 136th Update – Practice Direction Amendments are … Continue reading →

This is an aside from the main point of this article, but disclosure / discovery enthusiasts are not necessarily much interested in the final outcome of the cases which they read about. Their focus is usually on an application decided … Continue reading →

Ten years ago, I was one of those involved in drafting what became Disclosure Practice Direction 31B. At one level it was quite fun to have the opportunity to improve the practice of managing electronic documents for litigation. At another … Continue reading →

I have just published an article whose heading was (or was meant to be) UTB v Sheffield United – interpreting PD51U in a way that makes it work. As I was about to publish it, I half saw a mention … Continue reading →

UTB LLC v Sheffield United Ltd & Ors [2019] EWHC 914 (Ch) (09 April 2019) has caught attention mainly for the observation by Sir Geoffrey Vos that the White Book is wrong on one point in relation to the coming into … Continue reading →

The Disclosure Pilot takes effect in the Business and Property Courts of England and Wales from 1 January 2019. Michael Wheater and Charles Raffin of Hardwicke, the authors of Electronic Disclosure Law and Practice (which I reviewed in complimentary terms … Continue reading →

The Courts and Tribunals Judiciary website, has published the documents relating to the pilot scheme for disclosure, initially in the Business and Property Courts of England and Wales. The documents are those approved by the Civil Procedure Rule Committee and comprise … Continue reading →

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 →

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 →

OUP has published Electronic Disclosure Law and Practice by Michael Wheater and Charles Raffin of Hardwicke. Although I suggested (in my article here) that the authors might be “miffed” by the coincidence that the book should reach the shelves at … Continue reading →

I recently spent several days rewriting my slides on eDisclosure in England and Wales, covering the rules, practice directions and the cases. The timing was occasioned by a request to give a three hour talk on the subject, and the … Continue reading →

This is the second in a series of four articles about the rules and cases relevant to disclosure in England and Wales. The series is introduced here. Although this article is headed “eDisclosure developments” for consistency with the rest, there … Continue reading →

I recently started an article on cases relating to eDisclosure and evidence in England and Wales but side-tracked myself with a brief summary of the rules and of the position as it stands after Denton – see A little CPR … Continue reading →

“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 →