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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
Send three and fourpence, going to a dance – muddled messages from the MoJ
It is fitting that an article about confused messages should have to start with an explanation of its title. Only those who are old and British will know that pre-decimalisation currency consisted of pounds, shillings and pence, written as £. … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges
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A clear message from the Master of the Rolls about CPR enforcement
You might perhaps be forgiven for thinking that the case management parts of the Civil Procedure amendments won’t really affect you. It is not just that their launch has been confused, to use a charitable term; those who came through … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms
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Challenges to meet and not just threats in the Jackson reforms
A senior clinical negligence barrister suggests that we think positively about the Jackson reforms. Shortly after the UK Bribery Act passed into law, I took part in a London panel about its implications. At the Q&A session at the end, … Continue reading
The definitive version of the CPR amendments – definitive for this week anyway
The launch of the Amendments to the Civil Procedure Rules has been a shambles, and court users can be forgiven for confusion. We needed decisive leadership at this point, something consistent with the attitude which case managing judges are now … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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General Counsel Institute eDisclosure Conference in London 17-18 April
I am one of four chairmen at a conference run by Today’s General Counsel Institute and called eDisclosure for the Corporate Market “The Exchange”. The others are Browning Marean of DLA Piper US, George Socha of EDRM fame and David … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Jackson-empowered judges ready for the new regime – and its benefits as well as its burdens
An article by Rachel Rothwell in The Law Society Gazette shows that there are some judges who will be making good use of the case management powers given to them by Jackson, and reminds us that there are potential benefits … Continue reading
Use of technology-assisted review and costs-shifting in US patent case has UK parallels
One of the main differences between the Federal Rules of Civil Procedure and the Civil Procedure Rules of England and Wales is that England and Wales is a costs-shifting jurisdiction by default. That means that the winner can expect to … Continue reading
Posted in Clearwell, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Symantec
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Costs management shambles defies parody but case management still has teeth
So, what is the overall effect of the implementation of the new Civil Procedure Rules in so far as they relate to case management, eDisclosure and budgets? Oh, I was hoping that you would tell me. During last week, I … Continue reading
The Civil Procedure (Amendment) Rules 2013 relating to disclosure and case management
This post has been amended to take account of the alterations announced AFTER the Civil Procedure (Amendment) Rules had been approved by Parliament. If that part of this post which relates to costs management has lost some clarity as a … Continue reading
The Jackson Reforms encourage proportionate eDisclosure / eDiscovery in any jurisdiction
I am taking part in a panel discussion at LegalTech next week with Integreon and kCura on the subject of the Jackson Reforms. We will emphasise that the rule changes generally reflect duties to which lawyers are subject anyway, and … Continue reading
Uncertainty means expense as we wait for the Jackson rules
An article by Neil Rose on the litigationfutures site is headed 10 weeks until Jackson and still no rules: LSLA chief warns of chaos. The reference is obviously to the wide-ranging reforms to the Civil Procedure Rules due to take … Continue reading
Impatient US judges push lawyers to be more proactive in early stages of litigation – what about the UK?
Two articles in succession came under my eye at the same time, one a report of a US judicial panel, the other a summary of pending rules changes in England and Wales. I was going to write separate articles about … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Costs management: Mr Justice Ramsay describes why it is necessary
I wrote recently about the coming regime of costs management in civil litigation – see Costs management moves closer in England and Wales. We now have a more authoritative reference document. Mr Justice Ramsay delivered a speech a few days … Continue reading
Costs Management moves closer in England and Wales
I have already drawn attention to an article by His Honour Judge Simon Brown QC in the New Law Journal called Costs management & docketed judges: are you ready for the big bang next year? which describes what is to be expected … Continue reading
Posted in Costs, Costs Management, CPR, Litigation costs
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Articles on eDisclosure, eDiscovery, Cooperation and Privacy by UK and US Judges
For reasons which I may explain separately, I had banked on the Easter period being quiet on the eDiscovery front. On the whole, that hope was justified, with Twitter relatively quiet, few interesting things to pass on, e-mail volumes down, … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Using a neutral third party to resolve or prevent disclosure disputes
One of the most useful UK resources about electronic disclosure is Clive Freedman’s electronic disclosure wiki at http://www.eDisclosure.uk.com. Clive Freedman is a barrister at 3 Verulam Buildings and is (as I am) a member of Senior Master Whitaker’s working party … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Disclosure and eDisclosure – filming a video primer with Dominic Regan
I took part in a video webinar with LexisNexis this week, part of their rolling programme of Butterworth’s Dispute Resolution webinars. The key fact which I want to put right at the top of this article is that 2,340 viewers … Continue reading
Another indemnity costs order for eDisclosure failures
By coincidence, we have a second UK judgment in a few days which ends with indemnity costs being paid by a party for failing to comply with its disclosure obligations. Mr Justice Akenhead’s judgment in Phaestos Ltd & Anor v … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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The CPR Standard Disclosure test is a strict one says the Court of Appeal
Disclosure in UK civil proceedings, with or without an “e” at the front of “disclosure”, is not a game for amateurs, raising serious points about the strict interpretation of a deceptively simple-looking rule as well as practical considerations – and … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Postscript to Dominic Regan interview on Jackson and costs management
The transcript of my interview with Dominic Regan (see Professor Dominic Regan on why the Jackson Reforms mean the biggest ever upheaval for UK litigation) seems to have attracted some attention. There are two follow-up links in which you may … Continue reading
You do not need the fear of sanctions to get value from legal hold software
I am doing a panel session on Day 2 of the IQPC Information Retention and EDisclosure Managemement Summit with Ronke Ekwensi of Pfizer. Our subject is ESI preparation and preservation: Assessing – and addressing – your eDisclosure Liabilities. One of … Continue reading
Metadata and Data Exchange Formats in Electronic Disclosure – a US model for a common-sense approach in the UK
UK lawyers are rightly sceptical about the relevance of US e-discovery rulings to their own cases. Occasionally, however, one comes along which is grounded in universally-applicable common sense or which throws light on some basic technological point which has not … Continue reading
Posted in AccessData, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Part 31 CPR
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Levelling out after LegalTech
LegalTech, UK educational sessions and calls from law firms, an LPO conference, Irish eDiscovery, litigation as an invisible export, legal blogging in New York and eDiscovery in Germany all help to pass the time. By and large, I find that … Continue reading
Epiq Systems and Huron Consulting as Angels for US-UK e-disclosure play at LegalTech 2011
An “angel” in theatrical terms is someone who puts money into a play or film. Many productions would not happen without such support. I have already mentioned the judicial play which we are putting on at LegalTech and which consists … Continue reading
Lord Justice Jackson fights for his costs reforms
An article published yesterday in the Solicitors Journal is headed Jackson LJ demands his reforms are implemented in full. It draws attention to a letter from Lord Justice Jackson, the author of last year’s Litigation Costs Review, to Justice Secretary … Continue reading
Big cases coming for big firms – but what about more ordinary litigation?
An article in the Lawyer of 3 January is headed Top firms gear up for action as litigation tsunami hits UK . Perhaps the most interesting point made in it concerns the cost of arbitration with the corollary that the … Continue reading
Clearwell White Paper: the new Practice Direction and e-Disclosure
Clearwell Systems has published on its website a White Paper which I co-wrote with them with the title The New Practice Direction and e-Disclosure: Best practices for Complying Proportionately (registration required). Its purpose is to set out recent developments in … Continue reading
International discovery, sanctions, ethics and US-UK comparisons at Georgetown
I was, I think, the only UK speaker (or, indeed, delegate) at the Georgetown Advanced e-Discovery Institute. If the primary reason for going was to talk about US-EU differences, there was progress made too on the continuing US-UK dialogue about … Continue reading
Two podcasts and a video on electronic disclosure
I have done two podcasts and a video recently which you may find a painless way of absorbing information about electronic disclosure. I was interviewed last week by Karl Schieneman of ESIBytes earlier this week, on an introduction from Mike … Continue reading
Master Whitaker and Trilantic encourage e-Disclosure in Dubai
There is much emphasis in these pages on the fact that discovery of documents (“disclosure”, for some reason, in England & Wales) is a common law tradition not found in civil law jurisdictions such as those of mainland Europe. We … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR, Trilantic
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Berezovsky v Abramovich – refusal of enhanced disclosure order in the Commercial Court
A decision about edisclosure made in the Commercial Court by Mrs Justice Gloster DBE in August has recently been published on BAILII. The case is Berezovsky v Abramovich , the pleaded sum at stake exceeds US$3.5 billion, and the allegations … Continue reading
Roundup of The Masters Conference 2010
“We have been travelling since we saw you last. We have been in America, entertaining the Americans whose need, let’s face it, is greater even than yours. Of course when we’re over there we say that the other way round” … Continue reading
London litigation support party coincides with eDisclosure Practice Direction launch
I believe that it was a coincidence that almost the entire UK litigation support industry gathered at the Larder in Clerkenwell on the evening before eDisclosure Practice Direction 31B passed into the rules. I do not mean that the presence … Continue reading
Over-estimating both costs and risks in the eDisclosure Practice Direction
There is a general sense that the eDisclosure Practice Direction has broad acceptance amongst lawyers – those who have read it before commenting on it, anyway. It is not just another CPR burden, nor is it something to fear – … Continue reading
E-Disclosure and E-Discovery at home and abroad
I have given my first law firm talks since the Edisclosure Practice Direction became official and have started talking to my sponsors about its implications for them – the questionnaire gives them a useful and early role, if they are … Continue reading
The e-disclosure practice direction and electronic documents questionnaire in tangible form
Since I have been banging on about the “proposed” or “pending” edisclosure practice direction for months now, it is not surprising that everyone seemed to think that I would be the first to know when it had been formally published. … Continue reading
E-Disclosure Practice Direction and Electronic Documents Questionnaire – it is official
I have made many references over the last few months to the pending UK e-Disclosure practice direction and to the electronic documents questionnaire which is part of it. The more observant of you will have noticed that I have never … Continue reading
Discovering new methods of persuasion
As you know, part of my role is to persuade, and I am always looking out for new ways of getting people to consider how best to handle electronic documents. It is the mere consideration which matters – no-one is … Continue reading
Getting in amongst the lawyers
I referred in my last post (see The Last Lap) to the law firms which lie below the very biggest and which have the potential to be the standard-bearers for a new approach to managing litigation. Many of their lawyers … Continue reading
Recommind webinar: Implications for UK law firms of the Electronic Documents Questionnaire
Recommind are hosting a webinar on Wednesday July 21, 2010 4:00 PM – 5:00 PM BST with the title The UK e-Disclosure Questionnaire – Its Implications for Law Firms. It is the third in a series of webinars which I … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Searching for documents does not create them
There is a good article on Practical Law’s construction blog by James Clarke, a solicitor at Pinsent Masons. Called Is the ESI questionnaire the future of case management?, it is generally supportive of what is now called the Electronic Documents … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Goodale v MoJ now has a proper neutral citation number
Senior Master Whitaker’s important judgment in Goodale v Ministry of Justice now has a proper neutral citation number. It is 2009 EWHC 3834 (QB) Handed Down: 5 November 2009. The Claim No is HQ06X03876. Thanks to Master Whitaker for passing … Continue reading
How much does a lawyer need to know about electronic documents?
We all make judgements, conscious or otherwise, about the degree of skill or knowledge we need to acquire to conduct our business or, indeed, for everyday living. A number of factors dictate how much we feel that we need to … Continue reading
Publication of 2nd Edition of Butterworths on Electronic Evidence
The only book in my office, apart from battered copies of the Concise Oxford Dictionary and Roget’s Thesaurus, is the first edition of Butterworths’ Electronic Evidence. When I got it, I had no particular interest in discovery anywhere but in … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Collecting evidence for Ofsted and its parallels with e-Disclosure
Here is a nicely ambiguous Google search. My blog stats include a list of the terms which people used to find the site, and one from earlier in the week was “collecting evidence for ofsted”. The search was presumably made … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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E-Disclosure in Liverpool with Cats Legal, Epiq Systems and Dominic Regan
I have to take back what I said yesterday about my rail trip to Liverpool. I had expected the usual shambles, those delays with risible explanations and insincere apologies which are the norm on our overcrowded, badly-run rail network. In … Continue reading
IQPC the best London e-disclosure conference again
The three-day IQPC Information Retention and eDisclosure Management Summit is over for another year. It is the biggest and best conference in the London calendar and one which genuinely aspires to do better each year. Everyone I spoke to seemed … Continue reading
Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FRCP, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery
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Recommind webinar: Technology is Changing the Economics of e-Disclosure, Are You Prepared?
My title is the name of a webinar which I am doing with Jason Robman of Recommind on 25 May. Its description reads as follows: The enormous costs and time associated with the e-Disclosure process are staggering, with the document … Continue reading
E-Disclosure law, practice and technology in one educational package
The first of the E-disclosure seminars organised jointly by Professor Dominic Regan and me took place yesterday at Ely Place Chambers. Dominic and I were joined by Senior Master Whitaker and by speakers from three technology providers, 7Safe, Legal Inc … Continue reading
Reminder: Dominic Regan and Chris Dale on e-Disclosure at Ely Place Chambers on 12 May
Professor Dominic Regan and I will be leading a seminar from 2.00 until 5.15 on Wednesday 12th May at Ely Place Chambers on the subject of electronic disclosure of documents. Lord Justice Jackson’s only recommendation in relation to e-disclosure was … Continue reading
Women in eDiscovery at IQPC on 18 May
It is not too late to sign up for the women in e-Discovery session at IQPC’s Information Retention and e-Disclosure Summit on Wednesday 18 May. The conference itself runs from Monday 17 May and the Women in eDiscovery session takes … Continue reading
Singapore e-Discovery judgment shows international commonality and active management
A judgment by Senior Assistant Registrar Yeong Zee Kin in the Singapore High Court last week shows the commonality in court-led management of e-Discovery between common law jurisdictions. The case is Deutsche Bank AG v Chang Tse Wen and others … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore
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The 2010 Duke Conference on US Civil Litigation
No one with any interest in the US Federal Rules of Civil Procedure could be unaware of the debates which have been going on about the costs of civil litigation and, in particular, of discovery. A conference is being held … Continue reading
Search technology: an intelligent adjunct to the lawyer’s skills, not a black box
An article by H5 on the professionalization of search ties in with my recent suggestion that lawyers and search experts have parallel roles in e-Discovery and that clients, rather than the lawyers, will manage the process. The UK courts have … Continue reading
Chris Dale and Dominic Regan on e-Disclosure at Ely Place Chambers on 12 May
Professor Dominic Regan and I will lead a session on electronic disclosure at Ely Place Chambers, 30 Ely Place, London EC1N 6TD on Wednesday 12th May 2010. The event starts at 2.00pm and will run until 5:15pm The Chambers notice … Continue reading
Hear Master Whitaker at ILTA INSIGHT 2010 on 27 April
ILTA INSIGHT 2010 takes place on 27 April at the Grange St Paul’s Hotel. INSIGHT 2010 is ILTA’s 5th annual event in the UK and brings a pocket-sized and UK-focussed version of the excellent main ILTA conference, which I go … Continue reading
Jonathan Maas joins Ernst & Young
Jonathan Maas has joined Ernst & Young as an Assistant Director in its Forensic Technology & Discovery Services team in London. This is good news for both of them. It is also good news for the development of electronic Disclosure … Continue reading
More coming on the Shoesmith – Ofsted – Balls e-Disclosure fiasco
We do not really do breaking news here, but rumour reaches me that we may hear more today about Ofsted’s disclosure failures in Sharon Shoesmith’s application for judicial review of the decision to dismiss her. Even as I write, apparently, … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR
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A week of positive opportunities in e-Disclosure
There are two reasons for running a week’s worth of reports and comments into a single article. The least meritorious of them is that I will not keep up with it all if I do not do a composite post. … Continue reading
A flying visit to Edinburgh
The spate of blog posts last week-end was a clearing of the decks in the knowledge that I would not have much writing time for a bit. The Edinburgh trip which is the subject of this post is being followed … Continue reading
Vector Investments: successful claimant made to pay for unhelpful disclosure
Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading
New e-Disclosure articles on the SCL website
The website of the Society for Computers & Law has two new articles about electronic disclosure. One is by barrister Clive Freedman of 3 Verulam Buildings and is called Disclosure: the Proposed Rule Changes. It summarises succinctly the elements in … Continue reading
Standards and outcomes: Hitler, the NHS, the police, social workers – and e-Disclosure
My heading, I appreciate, looks like the components of some random word game. There is in fact a connection, and it is to do with the supremacy of result over procedure and of destination over the journey. Hitler, the NHS … Continue reading
Free use of Equivio Early Case Assessment Software for up to one million documents
Equivio is offering to make its early case assessment application Equivio>Relevance available to a limited number of participants in what they call the Equivio>Relevance Challenge – see the press release and sign-up page for details. Most lawyers can understand the … Continue reading
Spring Offensive in the eDisclosure War
It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading
Goodale v MoJ – a template judgment for active management of eDisclosure
The publication of Senior Master Whitaker’s judgment in Goodale v Ministry of Justice is important for reasons beyond the fact that the parties used the ESI Questionnaire which is annexed to the proposed e-Disclosure Practice Direction and which is also … Continue reading
You cannot really complain at a full InBox and lots of tweets
A day in London leaves me with a pile of e-mails and a heap of tweets – all signs of a lively market, and to be welcomed despite the time it will take to catch up. Add a crusading podcast, … Continue reading
Moving forward on all fronts
I am off today to record a podcast for CPDCast about the e-Disclosure components of Lord Justice Jackson’s report. You may recall that I was booked to do this on the day before the Civil Procedure Rule Committee met to … Continue reading
No need to wait for the eDisclosure Practice Direction and Questionnaire – just get on with it
The decision (or, rather, the non-decision) of the Civil Procedure Rule Committee to send the e-Disclosure Practice Direction and EDisclosure Questionnaire off into the sidings of a sub-committee has been the equivalent of coming up behind a funeral cortège whilst … Continue reading
Jackson untroubled by delay to e-Disclosure Practice Direction
I do not generally deal in instant news in these pages – considered reflection is more my style and, besides, there is normally a queue of things to write about. At the top of that queue at the moment is … Continue reading
There is more to FTI Technology than Attenex and Ringtail
My self-imposed job description involves flitting between all the players in the electronic disclosure / electronic discovery world, picking up information and ideas from one place and dropping them in another. I talk to judges, lawyers and technology suppliers, read … Continue reading
Posted in Attenex, Case Management, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR, Regulatory investigation, RingTail
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Dominic Regan on the Jackson Report: the word of the moment is momentum
There is a great deal of interest being shown in electronic disclosure amongst UK lawyers at the moment. Some of the activity is reported in my post Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire. That ended … Continue reading
Applied Discovery joins the Project’s sponsors
I will do a proper welcome post shortly, and this is just a brief note to welcome Applied Discovery to the ranks of the sponsors of the e-Disclosure Information Project. I wrote about the company recently (see Applied Discovery gets … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, LegalTech
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Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire
There has been much interest in the draft eDisclosure Practice Direction and the Questionnaire which forms part of it. Lawyers and education providers keep asking for a sight of it. Lord Justice Jackson commended it. Rule-makers in other jurisdictions have … Continue reading
Stratify eDiscovery Super Session panels at LegalTech
I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows: 8.30 Can we have our cake … Continue reading
First thoughts on the eDisclosure implications of the Jackson Report
The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can … Continue reading
New Singapore e-discovery resource
Those who come here often will know that I was in Singapore in October last year shortly after the introduction of their Practice Direction No 3 on Discovery and Inspection of Electronically Stored Information . I had been invited to … Continue reading
Letter in the Times about destruction of ESI
Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading
The e-Disclosure Information Project in 2009 and 2010
My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading
Gartner, Hong Kong and civil servants inspire reader comments
Recent comments from readers cover the Gartner report on the litigation software market, the state of play in Hong Kong, and the bright light which has suddenly been shone on the need for government departments to approach electronic disclosure in … Continue reading
The Baby P case may be the disclosure story of the year
It begins to look as if the Baby P case will beat even Earles v Barclays Bank in terms of its long-term influence on disclosure, not least for the likely focus on individual failings. Is this cock-up or conspiracy? Why … Continue reading
New website for Local Government Lawyers brings commercial awareness to public sector litigation
A new website for local government lawyers has appeared. Given the very wide range of legal issues which affect local authorities, it is perhaps surprising that we have not seen one before. Local authority insulation from the real world will … Continue reading
Strategic alliance allows 7Safe to host Anacomp’s CaseLogistix
What is the seating etiquette if you go to a wedding knowing both parties? Do you have to make an invidious choice between one side of the church and the other? Perhaps you sit in the aisle or hang from … Continue reading
Tearing Me Apart: a new song from The Phoenix Fall
You may just have been indulging my paternal pride, but quite a lot of people seemed to like the first single released by The Phoenix Fall, the Leeds-based Indie band whose drummer is my son Charlie Dale. The second single, … Continue reading
Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure
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Georgetown: Privilege, Ignorance and Certification
The PosseList has a report of the main points discussed at the judicial panel which closed the recent proceedings of the Georgetown Law CLE Advanced E-Discovery Institute. Of the three points which the article picks out, I will leave on … Continue reading
The Continuing Challenges of Preservation, Collection and Exchange
The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading
Business mixed with pleasure at the Thomson Reuters London e-Disclosure conference
The Thomson Reuters Fifth eDisclosure Forum was sponsored by Autonomy, Stratify and Legastat and, as before, the co-chairs were Browning Marean, George Socha and me. I enjoyed it and, unless they were just being polite, the audience seemed to think … Continue reading
Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure
I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading
FTI webinar: financial, transactional and operational databases in e-disclosure
FTI Consulting are presenting a webinar on structured data on Thursday 19 November at 1300 GMT. The subject is perceived by some as too difficult to talk about, but it cannot be ignored. Elephants have provided a recurring theme throughout … Continue reading
Legal Inc publishes e-disclosure podcast series
Litigation services provider Legal Inc has published the first two in a series of ten podcasts about electronic disclosure. They take the form of a dialogue between Legal Inc director Lisa Burton and me, and will between them provide a … Continue reading
LexisNexis eDiscovery conference in Singapore
As you might infer from its name, the e-Disclosure Information Project set out with purely national ambitions. England and Wales is the only jurisdiction in the world to give the name e-Disclosure to the process of identifying, preserving, collecting and … Continue reading
Earles v Barclays Bank reported in the Times
Earles v Barclays Bank was reported in The Times today with the heading Disclosing electronic data. I have already written about this (see Costs penalty for non-compliance with e-disclosure obligations). It is significant at several levels: unlike Digicel it is … Continue reading
Spitting on the deck of the CPR
Unintended consequences are not necessarily unforeseeable. It was wholly predictable that the pre-issue obligations of the 1999 Civil Procedure Rules would shift the battleground to the front end of the litigation, and with obvious consequences in costs. As with the … Continue reading
The British invade Washington again, this time to talk and learn, not burn
To say that electronic discovery is international connotes more than the cross-border ramifications of multi-jurisdictional litigation. There is commonality in the problems, the rules and the solutions, to say nothing of the implications for law firms of new ways of … Continue reading
Discovery explorers need a map
You can kill an analogy with overuse, just as every cliché was once a clever new phrase. Describing e-discovery / e-Disclosure in terms of explorers and maps, however, does not become hackneyed, because exploration itself continues to excite and because … Continue reading
Costs penalty for non-compliance with e-disclosure obligations
A judgment given yesterday by His Honour Judge Simon Brown QC sitting as an Additional High Court Judge in the Birmingham Mercantile Court, will focus minds on the need to comply with the requirements of Part 31 CPR and the … Continue reading
Packed programme for Masters Conference
The 2009 Masters Conference takes place in Washington on 12 and 13 October. Its title, Global Corporate Change – Navigating Discovery, Risk and Security covers only a fraction of the subjects covered in two days. The best part for me … Continue reading
Posted in CaseLogistix, Clearwell, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Nuix, Part 31 CPR, Recommind
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Information retention at e-Disclosure conference in Brussels
I demonstrated my own commitment to information retention by mislaying my notes of the sessions at IQPC’s Information Retention and E-Disclosure Management Europe Conference in Brussels last week. As with all the best document retention policies, this means that I … Continue reading
Reaching informed agreement that e-disclosure is not needed
Having just published an article about whether electronic disclosure is needed in all cases, I turned to Ralph Losey’s blog to discover that he had just published an article about whether electronic discovery is needed in all cases. We do … Continue reading
eDisclosure Information Project 