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- Farewell to Charles Christian, who brought legal technology to lawyers
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Category Archives: Court Rules
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 events next week with Epiq and Consilio and guides from Judge Brown, Dominic Regan and Kerry Underwood
A tweet last week compared the first few days of the new case and costs management regime with 1939 – the reference was not intended to evoke anything belligerent but that period of uneasy calm known as the Phoney War … 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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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
Preservation and proportionality on the agenda for US litigation
There is a lot going on in the eDiscovery / eDisclosure world at the moment, what with new Civil Procedure Rules in England and Wales, and with products, appointments and webinars to write about and conferences to plan for. There … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Symantec
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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
Late eDisclosure application tacked on to pre-trial review at a cost of £47,000
Court decisions about procedural hearings rarely tell the full story. There may be all sorts of reasons why two good firms of solicitors should find themselves, three months before a 10-day trial, at a pre-trial review onto which had been tacked a … Continue reading
Rapporteur rounding up the Singapore Electronic Litigation Conference
It was a privilege to be asked to be one of the rapporteurs at the end of the International Electronic Litigation Conference in Singapore. Bryan Ghows of UniLegal LLC spoke to one group and I the other, with ten minutes … Continue reading
Lord Justice Jackson in Singapore: Piloting Civil Justice Reforms
The best judicial advocates of proportionate electronic discovery emphasise that, however significant the costs and other implications of discovery, they are but a part of a wider duty to make justice affordable. That duty is distributed – it lies with … Continue reading
The Discovery skills of Hong Kong cab drivers
I am in Hong Kong, having just finished the two-day InnoXcell eDiscovery conference. The purpose at these conferences – my purpose anyway – is to encourage lawyers to know their way around the rules, the practice and the technology so … Continue reading
Judicial Panel at CEIC has messages for other jurisdictions
Although primarily a forensics conference, CEIC, the Computer Enterprise and Investigations Conference, has an e-discovery track whose purpose is to raise awareness of the context in which data forensics are used beyond the law enforcement where they began. The cross-border … Continue reading
UK Government bids for a world-class legal reputation whilst neglecting the basics back home
The UK Ministry of Justice has launched a paper called Plan for Growth: Promoting the UK’s Legal Services Sector. The opening, at least, is admirably crisp for a civil service document: It identifies the law as one of Britain’s strengths…. … Continue reading
LexisNexis e-disclosure webinar pulls in the crowds
2090 people registered to watch a video webinar on e-disclosure and privilege last week. That is, apparently, the highest number for any of the successful LexisNexis series of such webinars and presumably reflects the growing interest in electronic disclosure. The … Continue reading
Judge Grimm on ignorance of ediscovery rules and lack of consistency from courts
A high proportion of e-disclosure / ediscovery disputes in both US and UK courts arise because one or both of the parties does not know what target it is supposed to reach. This generally stems from one of two causes … 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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Davis v Grant Park – EDiscovery Sanctions just like the Advantage Rule in Rugby
I am keen on parallels and analogies which help illustrate serious subjects by drawing on historical, fictional, cultural or any other references which may throw light on (or at least help us to remember) things we ought to know. The … Continue reading
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
The ups and downs of US ediscovery sanctions
The sanctions handed down by US courts for ediscovery failures bewilder the rest of us somewhat. To my eye, if one wanted to design a system which was absolutely certain to encourage satellite litigation, tactical play and (as a defensive … 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
Richard Susskind’s law firm technology predictions for 2011
A short interview with Professor Richard Susskind on the Legal IT web site gives a packed 12 minutes or so which is well worth listening to at the beginning of the year. E-Disclosure is covered along with iPads, social media, … 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
Consultation paper on Discovery in Australian Federal Courts
If Lord Justice Jackson’s review of Civil Litigation Costs included the most important summary of disclosure and e-disclosure of 2010, the Australian Law Reform Commission’s Discovery Review will be the key analysis of 2011. The Attorney General’s terms of reference … 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
6th Annual eDisclosure Forum on 15 November
I am co-chairman, with Browning Marean and George Socha, of the Thomson Reuters / Sweet & Maxwell Sixth Annual eDisclosure Forum on 15 November at Canary Wharf in London. Speakers include Senior Master Whitaker, HHJ Simon Brown QC, Mark Surguy … 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
Proportionality making you think and making you laugh
My own notes on Applied Discovery’s excellent Toronto panel on proportionality are still in draft. Virginia Henschel, Vice President of E-Discovery Affairs for Applied Discovery, has beaten me to it, and her report is here. It includes some useful links. … Continue reading
Sedona Conference Commentary on Proportionality in Electronic Discovery
As a shortcut to the Sedona Conference Commentary on Proportionality in Electronic Discovery, I refer you to the excellent K & L Gates Electronic Discovery Law site which gives a summary of the Sedona Conference’s eagerly awaited commentary on proportionality … 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
Mrs Justice Gloster on disclosure of documents in the Commercial Court
If you wade through all the sex and celebs, fashion, make-up and gossip which comprise the bulk of The Times these days, you can occasionally still find good articles on legal matters, usually written by the excellent Frances Gibb. Their … Continue reading
Inquiry blog – Discovery of Documents in Australian Federal Courts
An Inquiry into the law, practice and management of the discovery of documents in litigation before Australian Federal Courts was launched by the Attorney-General in May 2010. I wrote about it at the time (see Terms of Reference for Australian … 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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A call to arms for ediscovery in Hong Kong
The purpose of my visit to Hong Kong last week was to speak at the InnoXcell Ediscovery and Digital Forensics Conference on 7 and 8 July. Several of the international brigade of ediscovery speakers joined local lawyers, suppliers and others … Continue reading
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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Australian ediscovery round-up
My conclusion after my recent visit to Sydney was that every jurisdiction which engages in ediscovery thinks that it is behind the others. This is certainly not true of Australia, and Master Whitaker and I were not merely being polite … Continue reading
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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Ark Group eDisclosure conference in London
On my way to London yesterday to chair the Ark Group ediscovery 2010 conference, I read about the deletion of e-mails by an aide to the Qatari royal family (see Guardian article here). The allegation is that 19 e-mails referring … Continue reading
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
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