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- Pitching it just right at Relativity Fest London
- Relativity expands its Justice for Change program to EMEA and its philanthropic initiatives with Microsoft
- The conflict between eDiscovery and GDPR – Norra Stockholm Bygg AB
- Relativity Predictions Webinar – Q1 2023
- Revisiting useful old judgments: deleted messages and adverse inferences
- Ireland’s Legal Tech Conference 2022 on 29 November in Dublin
- AI and Data Management lead the story at Relativity Fest
- A full agenda at Relativity Fest from 26-28 October in Chicago and online
- Wrapping up two UK disclosure cases which caught the public eye
- Farewell to Charles Christian, who brought legal technology to lawyers
- Interlocutory orders and contempt – the “burn it” judgment
- Relativity acquires Heretik for contract review and intelligence
- Cabo Concepts v MGA – lack of disclosure supervision brings indemnity costs order
- A glut of disclosure stories just as I turn my back
- Disclosure duties and audit – not as easy as some may think
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Category Archives: CPR
Disclosure duties and audit – not as easy as some may think
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Relief from sanctions denied after non-compliance with disclosure unless order
I am spared having to do a detailed analysis of the judgment in Vitrition UK Ltd v Caine & Ors [2022] EWHC 51 (Comm) (13 January 2022) because, as so often, Gordon Exall has distilled the main points in a … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Solicitor advises client to delete social media posts. An indemnity costs order seems a light punishment
Disclosure judgments fall into a limited range of categories. Sometimes new-ish rules are not as clear as they might be or are challenged by a set of circumstances not foreseen by the drafters. Sometimes the conduct of one party (occasionally … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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The text of the Disclosure Pilot amendments from 1 November
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Navigating the Disclosure Pilot – ACEDS webinar on 15 November
It was always ambitious to try creating a set of civil procedure rules which worked effectively in every court and for every kind of case. I wonder what proportion of the CPR consists of exceptions, derogations and special cases inserted … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure
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Would you want to go back to the old rules? Further thoughts on the changes to the Disclosure Pilot Scheme
In a recent post, I linked to an update on the Courts and Tribunals Judiciary website about changes to the Disclosure Pilot Scheme. Now Simmons & Simmons (whose disputes partner Ed Crosse is a member of the disclosure working group) has … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Disclosure Pilot update includes simplification and extension to December 2022
The Courts and Tribunals Judiciary website has published an Update on the operation of the Disclosure Pilot Scheme. Proposed changes reflect an “excellent response” to an invitation for comment, and the result is revised versions of Practice Direction PD51U, of … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Curtiss v Zurich Insurance – a close focus on Issues for Disclosure
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Eight years of CPR blogging from Gordon Exall and the Civil Litigation Brief
For many years, when people asked my children what their father did for a living, they would say “He’s a blogger”. This was perhaps puzzling, particularly for those who knew that I spent much of my time flying all over … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Gordon Exall
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An eDiscovery and eDisclosure round-up post with some compliance thoughts on Boris Johnson
It is sometimes helpful to do a round-up post, pulling together a number of different eDiscovery / eDisclosure stories in small nuggets, rather than a big single post on one subject. The week in which my wife has a knee … Continue reading
More updates on proposed changes to the Disclosure Pilot
It is only a few days since I last wrote about the Disclosure Pilot (see Collecting together some articles on updating the Disclosure Pilot). That article, as its title implies, had the primary aim of pointing to resources written by others, … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Johnny Shearman
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Collecting together some articles on updating the Disclosure Pilot
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Moderating a discovery pilot panel at ILTACON Europe on 13-14 November in London
For some years, ILTA (the International Legal Technology Association) has had an event in London every November. Previously a one-day event called INSIGHT, it has been renamed ILTACON Europe and extended to two days. The website is here and the … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon
Tagged Andrew Haslam, Clare Chalkley, Jeffrey Shapiro, Vince Neicho
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The disclosure pilot – making better use of the Disclosure Guidance Hearings
I wrote last week about the session run by ACEDS and sponsored by Integreon on the first 10 months of the disclosure pilot. Vince Neicho of Integreon has also now written about it (see What We Learnt About the Disclosure … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon
Tagged Vince Neicho
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RTFT – Read the Flipping Title. 51U not 31U
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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UTB v Sheffield United – interpreting PD51U in a way that makes it work
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Hardwicke on the Disclosure Pilot: time to get ready
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Disclosure: CPRC approval of pilot scheme for Business and Property Courts – the drafts
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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How to use Continuous Active Learning for disclosure – a UK user view
Ed Spencer is a Senior Associate at Taylor Wessing. It was his affidavit which provided much of the technical information used by Master Matthews in giving his blessing to the solution agreed between the parties in Pyrrho. Ed Spencer and … Continue reading
Posted in Analytics, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding, Technology Assisted Review
Tagged Ed Spencer
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Non-compliance with peremptory disclosure orders – Powell v Watford Borough Council and the limits on judicial discretion
There is no substitute for reading the rules relating to disclosure, whether those expressly so – Rule 31 and its practice directions – or those with wider effect elsewhere in the rules. What happens, though, when something in the rules … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Gordon Exall
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Interview: Ed Crosse of Simmons & Simmons on the proposed new disclosure rule
Ed Crosse is a partner at Simmons & Simmons and a member of the Disclosure Working Group headed by Lady Justice Gloster. At Relativity Fest in London I took part in a panel with him and with Sir Colin Birrs … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Relativity Fest
Tagged Ed Crosse
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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
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Looking forward to Relativity Fest in London on 1 May
Relativity Fest London takes place at 155 Bishopsgate on 1 May. That and the Nuix event which I attended recently (I wrote about it here) have effectively displaced most of the more generalised eDiscovery / eDisclosure events in the London … Continue reading
A roundup of reactions to the proposed new disclosure rule
I wrote here about a helpful presentation, under the auspices of ACEDS and moderated by Vince Neicho of Integreon, about the proposed new disclosure rule. Since then, the date has passed for representations to the working party and it is … Continue reading
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
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Headlining on the subject of disclosure rule reform
An article on the JD Supra site manages somehow to convey the idea that I am positively agitating for eDisclosure rule reform. The article is headed After panel sponsored by UK ACEDS, Chris Dale calls for rules reform. This exaggerates … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Reminders that there are rivals to London’s courts
By “London” in my title, I mean “the courts of England and Wales”. Probably, in fact, I mean “disputes business”. This is not one of those “we’re all doomed” articles, just some pointers to the possibility that other jurisdictions may … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Litigation Support
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Hardwicke seminar: eDisclosure – preparing for the new pilot program
Hardwicke is running a series of seminars about electronic disclosure. The next one is on 13 February it is called eDisclosure – preparing for the new pilot program. The speakers are Charles Raffin, co-author of Electronic Disclosure Law and Practice, and … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Interview: Nick Robertson of Relativity talks about Relativity Fest London and the Relativity roadmap
We are part-way between Relativity Fest in Chicago last October and the next Relativity Fest London on 1 May. I looked back at the interview I did with Nick Robertson of Relativity after the London version of Relativity Fest in … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Relativity, Relativity Fest
Tagged Judge Peck, Nick Robertson, Steven Whitaker
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Lady Justice Gloster to take part in disclosure rule discussion on 7 February
ACEDS, the Association of Certified eDiscovery Specialists, has organised some well-attended evening events since its launch in London last year. The next one, on 7 February, may be the most interesting yet. It is about the proposed disclosure rule changes, … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon, Inventus
Tagged James MacGregor, Vince Neicho
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Vince Neicho of Integreon on the proposed new disclosure rule. Let’s practice by enforcing the existing rules
Vince Neicho and I served together on Senior Master Whitaker’s working party which produced Practice Direction 31B and the Electronic Documents Questionnaire. Vince was then the long-serving Litigation Support Manager at Allen & Overy and is now Vice President, Legal … Continue reading
Posted in CPR, eDisclosure, eDiscovery, Electronic disclosure, Integreon
Tagged Vince Neicho
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Hardwicke hosts launch of eDisclosure Law and Practice
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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New disclosure rules – links and commentary from Gordon Exall
Barrister Gordon Exall, the author of the invaluable Civil Litigation Brief, has now put more than 2,000 posts on the blog. He has done more than provide an essential service for all those who grapple with civil procedure. He has … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Litigation Support
Tagged Gordon Exall
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A proposed new disclosure rule for England and Wales
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Vince Neicho brings decades of law firm experience to Integreon
Vince Neicho, long-time Litigation Support Senior Manager at Allen & Overy in London, has joined Integreon as VP and Expert Legal Solutions Consultant. A day or two after the announcement, LinkedIn served up the information that Vince had been at … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon, Lord Justice Jackson
Tagged Steven Whitaker, Vince Neicho
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Disclosure obligations include the form and substance of list as well as its completeness
Barrister Gordon Exall has just reached the fourth anniversary of his first publishing his Civil Litigation Brief, now an indispensable guide to civil procedure. In one of his most recent reports (never say “the most recent” with Gordon, because he … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Steven Whitaker, former QBD Senior Master, talks about technology-assisted review and the CPR
When Steven Whitaker was Senior Master in the Queen’s Bench Division, he was responsible for Practice Direction 31B and the Electronic Documents Questionnaire, and for the decision in Goodale v Ministry of Justice which was the first (and until very … Continue reading
Relativity Fest London – a rounded eDisclosure conference not just a trade show
As I noted when I wrote about it in advance, kCura’s Relativity Fest London has been moving over the years to become a full-blown eDiscovery / eDisclosure event and not just a platform for launching kCura initiatives and for networking. There … Continue reading
Posted in Analytics, Brexit, CPR, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, KCura, Relativity, Relativity Fest, Technology Assisted Review
Tagged Andrew Sieja, David Horrigan, Jonathan Maas, Judge Peck, Meribeth Banaschik, Nick Robertson, Steven Whitaker
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A roundup of eDisclosure developments in England and Wales – some rules
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Cautionary tales of boilerplate and specificity
A US case brings us some RTFR (Read the F* Rules), a difference of emphasis between US rules and those of England and Wales, an opportunity to ask what “boilerplate” means, and a word to avoid if possible when speaking. In … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Judge Peck, Ralph Losey
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Tchenguiz v Grant Thornton – proper use of the disclosure “menu” and the overriding objective
Nothing new emerges from the judgment of Mr Justice Knowles in Tchenguiz & Anor v Grant Thornton UK LLP & Ors [2017] EWHC 310 (Comm) (22 February 2017), but it restates an important point relating to disclosure of documents in England … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Gordon Exall
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Application for early specific disclosure was driven by hope of tactical advantage
For the second time in a week I am obliged to Gordon Exall of the Civil Litigation Brief for a link to a new disclosure case. The case is GEM Environmental Building Services Ltd v London Borough of Tower Hamlets & … Continue reading
Posted in CPR, eDisclosure, Electronic disclosure
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Eaglesham v The Ministry of Defence – defence struck out for disclosure failures
I am fortunate that both Gordon Exall, in his excellent Civil Litigation Brief, and Professor Dominic Regan (his training website is here), tip me off about cases which are either about disclosure or which (harder to spot) have a disclosure … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Welcome for a law school eDisclosure course at the QMUL School of Law
The disclosure of documents has always been at the heart of litigation in common law countries. It is not just a procedural requirement with its own strict rules but the source of the evidence and facts on which cases turn. … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura
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Interview: Ed Spencer of Taylor Wessing on Pyrrho and predictive coding
In this video interview, I talk with Edward Spencer, the associate at Taylor Wessing who had the conduct of the eDiscovery application in Pyrrho Investments v MWB Property which resulted in the UK’s first court approval for the ue of … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Ed Spencer, Taylor Wessing
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Full marks for Peter Hibbert’s Electronic Evidence and eDisclosure Handbook
Peter Hibbert’s new book, the Electronic Evidence and eDisclosure Handbook, published by Sweet Maxwell, was waiting for me when I came back from one of my foreign trips. It has gazed reproachfully at me from my bookshelf ever since, as … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Peter Hibbert
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Forthcoming webinars on the rules and practice directions and on identification and retrieval of documents
I am about to record two video webinars with MBL Seminars covering different aspects of eDisclosure in England and Wales. One, to be broadcast on 25 February, is called eDisclosure – the Rules and Practice Directions. The regulation of disclosure is … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery
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Jonathan Maas of Huron Legal talks about helping lawyers identify the scope of eDisclosure
I have recently done a number of events with Jonathan Maas of Huron Legal, talking to barristers and solicitors in Leeds and London, at ILTA Insight and in Brussels. His consistent theme has been the need for lawyers to identify … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal
Tagged Jonathan Maas
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Documents win cases! Huron Legal and Zenith Chambers join forces to discuss eDisclosure in Leeds on 20 October
On 20 October, Huron Legal, in conjunction with Zenith Chambers and with me, will be talking about the disclosure and evidence in Leeds with in a session entitled Documents win cases! The event starts at 4:00pm with a panel discussion … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Huron Legal
Tagged Gordon Exall, Jonathan Maas
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The Billable Hour appeal for Save the Children, and saving litigators from themselves
I wrote here about an appeal launched by employment barrister Sean Jones QC to raise money for the refugee work of Save the Children. The appeal page is here. I published my article on 4 September when the appeal was … Continue reading
Posted in Court Rules, CPR
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Metadata matters in eDisclosure / eDiscovery. But what is it?
An article by Cicayda’s Aaron Vick asks the question “What is metadata?”. Those in the UK who might hope that the question is irrelevant to them might first count the number of times the word “metadata” turns up in the practice … Continue reading
Posted in Cicayda, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Philip Favro of Recommind interviews English barrister Gordon Exall
It is easy for eDiscovery people to treat the management of litigation documents as an end in itself, overlooking or ignoring the fact that discovery is one of many components of litigation. It is also easy (I get eloquent about … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Recommind
Tagged Gordon Exall, Philip Favro
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Civil Litigation Brief is two years old today
How did we ever manage without the Civil Litigation Brief? Gordon Exall is a barrister at Zenith Chambers in Leeds. Two years ago today he began a blog about his specialist fields of civil procedure, costs, limitation, sanctions and evidence, and … Continue reading
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
New version of TeCSA eDisclosure Protocol and the revival of LiST
It is a year since TeCSA – the Technology and Construction Solicitors Association – launched its eDisclosure Protocol and Guidelines. I was involved at the beginning, as moderator of a well-attended pre-launch training day, and am a member of the … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support
Tagged Vince Neicho
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A few eDisclosure cases of 2014
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
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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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
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ILTA Insight – litigation costs budgets
This is the third of a series of articles loosely based round the events in which I participated last week. The recurring threads are the wide range of subjects which get swept up under or alongside eDisclosure / eDiscovery, and … Continue reading
Posted in Costs, Costs Management, CPR
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A little CPR as precursor to some eDisclosure cases
Let’s have a look at a few cases involving eDisclosure under the Civil Procedure Rules of England and Wales. I refrain from calling them “eDisclosure cases” because it is important to emphasise that disclosure is simply a part of two … Continue reading
AA v Southwark – local authority’s non-disclosure rounds off an appalling story
Most of the judgment in AA v London Borough of Southwark is about the appalling conduct of a local authority towards one of its tenants. That alone would not warrant a place in this blog, but there were procedural issues … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Two weeks at Office-by-the-Sea in Cornwall for projects and preparation
This post began as an apologia for the fewness of my posts over the last three weeks. I don’t actually feel very guilty about it and achieved, among other things, a project – a short video about Browning Marean which you … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Could an English court require lawyers to make a video about their disclosure obligations?
I recently wrote an article about the Court of Appeal’s decision in Denton which I called Letting the punishment fits the crime as Mitchell gives way to Denton. As the title implies, I suggested that Denton took us some of the way back … Continue reading
Video marketing, fixed pricing of litigation services and Precedent H
You know how you sometimes start a conversation and quickly realise that you would have done well to keep your mouth shut? I did that last week. Fixed-price quotations for legal services and the defects of the CPR’s new budget … Continue reading
Posted in Costs, Costs Management, Court Rules, CPR
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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
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Letting the punishment fit the crime as Mitchell gives way to Denton
What was over in moments, added a word to the law’s dictionary, led to countless spin-off cases and applications, cost millions in legal fees, ended reputations and, having left its mark, disappeared from the scene? There is are curious parallels … Continue reading
Justice takes a bashing but litigation work goes on
To say, as I did in a recent article, that that “civil justice in the UK has plunged off a cliff” is not the same as saying that civil disputes are in decline. Litigation lawyers, at least at the mid- to … Continue reading
Survey on the implementation of the CPR as it affects disclosure
Barrister Clive Freedman was, as I was, a member of Senior Master Whitaker’s Working Party which drafted the eDisclosure Practice Direction 31B and the Electronic Documents Questionnaire. He runs an extremely informative website at http://www.edisclosure.uk.com covering the law and practice … Continue reading
Posted in CPR, eDisclosure, Electronic disclosure
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The Jackson consultation responses pull no punches but Grayling and the MoJ will ignore them
There is a palpable sense that civil justice in the UK has plunged off a cliff in the short time since the implementation of the Jackson reforms. A few of the responses to the Civil Justice Council’s consultation have been … Continue reading
Kennedys seminar on 12th March in Birmingham – Surviving Jackson: one year on
Solicitors Kennedy’s gave a seminar this week with the title Surviving Jackson. Many of the points made in it were live-tweeted and the tweets have been collected here by academic and lawyer John Bates @MrJohnBates. They provoke thought. Kennedys is … Continue reading
Reducing the number of documents to be reviewed
Charles Christian’s Legal IT Insider has published a very good article by Drew Macaulay, Managing Director of Consilio in London. Its title is Establishing effective cost controls in litigation and regulatory investigations, and gives the same emphasis to budgets as … Continue reading
Posted in Consilio, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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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
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Mitchell and relief from sanctions under CPR 3.9 Part 2 – is Mitchell the last word?
This is the second of (at least) three sequential posts about different aspects of the Court of Appeal’s decision in Mitchell v NGN. The first was called Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or … Continue reading
Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or conspiracy?
One of the many advantages of not being a journalist is that I do not feel the need to react immediately when major developments occur. The news in November that the Court of Appeal, led by the Master of the … Continue reading
A reporting hiatus in a bustling eDiscovery / eDisclosure world
You may have noticed that my written output has slowed down a little recently. Before somebody writes in to ask why (they do, you know) it may be worth giving a few lines of explanation. Put briefly, UK procedural developments … Continue reading
Posted in Civil justice, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Budgets, costs and sanctions in England and Wales – links to some good reporting
One cannot hope to keep up with everything which is going on in consequence of the Jackson reforms to civil procedure in England and Wales. They took effect on 1 April and we are seeing a move from judgments which … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
Tagged Dominic Regan, Gordon Exall, Rachel Rothwell
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Barrister Damian Murphy sets up chambers dedicated to eDisclosure
Barrister Damian Murphy has resigned from Enterprise Chambers to set up his own Chambers, Indicium Chambers, focusing exclusively on electronic disclosure. There is a Lawyer article about this interesting development here. I am doing three events with Damian in the … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
Tagged Damian Murphy
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TeCSA to run eDisclosure in Practice day on 1 November
TeCSA, the Technology and Construction Solicitors Association, is organising a day’s training session on 1 November with the title eDisclosure in Practice. The flyer is here. The agenda aims to introduce the proposed new TCC eDisclosure Protocol and provide a legal … Continue reading
Posted in CPR, eDisclosure, eDiscovery, Electronic disclosure, TeCSA
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Post-Jackson “Unless orders” – Guidance relevant to eDisclosure
I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds. Gordon Exall has just published an article called Have you complied … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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Judicial re-examination of Jackson changes is unsurprising
Mr Justice Ramsey, the judge charged with overseeing the implementation of the civil procedure changes known collectively as “the Jackson reforms” has been out giving interviews in which he makes it clear that the reforms face a review. The Litigation … Continue reading
Posted in Civil justice, Costs Management, Court Rules, CPR, Jackson Reforms, Judges
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Harsh or just tough? Penalty for failure to comply with Jackson procedural obligations
When I first set up a web site devoted (as it was then) to UK civil procedure, and specifically the key discovery aspects of case management, I put out a general plea for anecdotal information about the outcomes of case … Continue reading
Posted in Civil justice, Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Useful CPR resource: Procedure, Limitation, Default and the CPR
I have only recently discovered the Civil Litigation Brief run by barrister Gordon Exall of Zenith Chambers in Leeds. It is an essential resource for those facing the sharp winds of the new case management regime. Its title A Blog … Continue reading
Posted in Court Rules, CPR, Jackson Reforms
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Plebgate costs sanctions judgment to go to the Court of Appeal
Master McCloud’s judgment limiting the costs which Andrew Mitchell MP can recover in his libel case (I wrote about that – see New costs management litigation budget rules claim Plebgate victim) is to be heard by the Court of Appeal. … Continue reading
Posted in Court Rules, CPR, Jackson Reforms, Litigation
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Costs management – relief from sanctions under CPR 3.9
One of the things I had hoped to achieve before setting off to ILTA was a post pulling together what one knows of reports of relief from sanctions cases under Civil Procedure Rule 3.9 specifically relating to costs management and … Continue reading
Case Management Conference Notice in the Birmingham Mercantile Court
Birmingham Mercantile Court has long been a leader in the development of guidance and procedures for the lawyers who appear there. This is largely thanks to the presence there of His Honour Judge Simon Brown QC who takes the view … Continue reading
Posted in Costs Management, Court Rules, CPR, Mercantile Courts
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New costs management litigation budget rules claim Plebgate victim
The former Overseas Development Secretary Andrew Mitchell is the latest victim of the strictly-applied new costs management rules. The solicitors acting for him in his libel case against NGN failed to file a budget as required by the Rules, and … Continue reading
Posted in Costs Management, Court Rules, CPR, Litigation
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Allowance for human error in approach to relief from sanctions under CPR Rule 3.9
The changes to the case management rules included as part of Lord Justice Jackson’s reforms included an express reference to compliance. One might think it unnecessary that rules should need to recite that they are to be obeyed, but the … Continue reading
Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms
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Battle over costs budgeting for high-value commercial cases
Here is a battle to keep out of, so I simply pass on the facts as they appear in an article by John Hyde today in the Law Society Gazette. Well, a bit more than pass them on, perhaps, but … Continue reading
Posted in Court Rules, Courts, CPR, Jackson Reforms, Judges, Litigation
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Jackson update: some useful cases and commentary
It is hard to keep up with the flow of case reports and commentary coming out as courts and lawyers grapple with the implications of the Jackson civil procedure reforms which took effect in April. Here is a short selection, … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Being prepared to prepare for costs estimates and budgets in post-Jackson litigation
At first glance, it may seem that my headline is somewhat repetitious, but you read it aright. Many lawyers engaged in litigation in England and Wales are well prepared for whatever comes from the new rules, and find the obligation … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Supplement in The Times encourages legal efficiency
The recent Raconteur supplement to the Times was called Legal Efficiency 2013, and I was asked to contribute an article about the Jackson reforms. It was given the title Efficiency reform of legal process, reflecting my message that there is … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind
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Breaking the dam: barristers moving in to eDisclosure
There are over 3,800 words here, in a detailed report on Legal IQ’s Information Governance and eDisclosure Summit, so bring coffee and a comfortable chair. If you don’t have time for that, the message can be reduced to a few … Continue reading
Posted in Consilio, CPR, Discovery, eDiscovery, Electronic disclosure, FTI Technology, KCura, Litigation
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DOJ eDiscovery Director speaking in London this week
Amongst the many interesting contributors to the IQPC Information Governance and eDisclosure Summit taking place in London from 14 to 16 May is Allison Stanton, Director of eDiscovery, FOIA and Records for the Civil Division of the US Department of … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Recommind
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New Law Journal – Jackson articles by HHJ Simon Brown QC and Dominic Regan
The NLJ is publishing an excellent series of articles about the Jackson reforms. They now have another in the series of Costs Budgeting articles by HHJ Simon Brown QC, this one called Costs budgeting: Proportionality is trumps. The index to … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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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
Epiq Systems seminar focuses on the new Costs Management rules
Epiq Systems held an extremely informative seminar on the new costs regime earlier this week. You will find at the end of this post a link to the video made on the day with the strong recommendation that you watch … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation
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Discussing eDisclosure round the table at the Brewery
The fact that we enjoyed ourselves at the TGCI eDisclosure event in London did not make it any less of a serious forum for discussion. The round-table format, the complete absence of PowerPoint slides, and the invitation to delegates to … Continue reading
Jackson and eDisclosure with Hobs Legal Docs in Manchester
On Thursday, I joined Terry Harrison of Hobs Legal Docs to give a talk on the eDisclosure aspects of the Jackson reforms at a seminar hosted by The Royal Bank Of Scotland in Manchester. My real interest in this subject … Continue reading
Posted in CPR, eDisclosure, eDiscovery
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The Ghost of Legal Services Yet to Come – a Futurist tells of things that may be
LegalTech Asia Technology Summit opened in Hong Kong with a thought-provoking keynote from futurist Rohit Talwar. Don’t be put off by that “futurist`” label – UK solicitors (and even barristers) get something to think about from talks like this. I … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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eDisclosure Information Project 