Categories
-
Recent Posts
- 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
About this site
-
Category Archives: Commercial Court
Washington and New York to Mitchell via privacy, Singapore and Lobachevsky
The problem with running a website which offers news and updates is that people notice when it lies silent – the essence of news is that it is new. In fact, I have never aspired to timeliness and, as I … Continue reading
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
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
Catching up with KPMG
Part of the function of the e-Disclosure Information Project is to keep up with what the providers of software and services are doing. Given my emphasis on the human aspects of this business (which recurs in this blog and elsewhere … Continue reading
The growing importance of metadata preservation in eDiscovery
If UK lawyers do not share the US enthusiasm about the preservation, collection and use of metadata, that is in part because they are not clear what it is and how it might be used. A forthcoming webinar will be … Continue reading
Ark Group Conference 8-9 June 2009
The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading
Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR
Leave a comment
Identify early and co-operate in 2009
As I sign off for Christmas, I would like to thank all those who have sponsored, supported or in any other way encouraged the e-Disclosure Information Project in 2008 and wish you all a Merry Christmas and a Happy New … Continue reading
Reviewing the Commercial Court Recommendations
The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading
Lord Justice Jackson to head litigation costs review
The Master of the Rolls, Sir Anthony Clarke, has appointed Lord Justice Jackson to head a committee to review the costs of civil litigation. The appointment apparently follows a meeting between Sir Anthony Clarke and Bridget Prentice, Parliamentary Under Secretary … Continue reading
Posted in Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Lord Justice Jackson, Ministry of Justice
Leave a comment
Judging the importance of form over function
The parties are gathered for a Case Management Conference. It has been the diary for some time, and no-one is in any doubt as to the time, date, place or nature of the business to be discussed. The summons is … Continue reading
Reforming Case Management
The Commercial Court Long Trials Recommendations inevitably took centre stage in the session entitled Reforming case management at the Legal Week Litigation Forum last week. I reached it in time to hear Ali Malek QC making it clear at the … Continue reading
Posted in Case Management, Commercial Court, Court Rules, Courts, CPR
Leave a comment
Smoking guns, haystacks and teeth
It is not often that I devote a whole article merely to the opening remarks of the chairman of a conference, but then it not often that one has a former Lord Chancellor in the chair. Lord Falconer’s speech at … Continue reading
e-Disclosure conference list updated
The next round of conferences begins on 10 and 11 September with Ark Group’s Adopting practical guidelines for E-Disclosure management at which I am again speaking with HHJ Simon Brown QC. Our subject is Preparing Judges to make effective e-Disclosure … Continue reading
Aikens and Jackson go to the Court of Appeal
Two of the new appointments to the Court of Appeal attract my attention for different reasons. Sir Richard Aikens was one of those responsible for the Commercial Court Recommendations, and I used to instruct Sir Rupert Jackson when he was … Continue reading
E-Disclosure conferences give plenty to think about
Those who expect a daily addition to this collection of notes and essays (and I know there are a few such) may have wondered if I have run out of things to say from the paucity of posts recently. Far … Continue reading
Posted in Case Management, CaseMap, Commercial Court, Court Rules, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ernst & Young, KPMG, LexisNexis, Litigation Support, Part 31 CPR, The Lawyer, Trilantic
Leave a comment
If I had known the cost was hundreds not thousands….
The reactions at an e-disclosure conference point up the value of getting an idea of the likely costs before deciding that electronic disclosure is not for you. You cannot assess proportionality without doing so, and may be surprised by the … Continue reading
Access to justice goes wider than the environment
The UK’s treaty obligations to provide legal remedies which are “adequate … effective …fair, equitable, timely and not prohibitively expensive” in environmental cases applies in all cases and in all courts. UKELA, the UK Environmental Law Association, recently published the … Continue reading
Rocket Dockets in Australian case management
We do not need an express “rocket docket” jurisdiction for everyone to agree that some or all of the case stages may be speeded up or dispensed with. It is, however, worth seeing what is happening in Australia. Seamus Byrne … Continue reading
Summation of e-disclosure responsibilities
Wolters Kluwer, owners of CT Summation, invited me to speak on 20 May as part of their series of thought-leadership talks. The subject was e-Disclosure costs and responsibilities: a primer for in-house and external counsel. I had adopted the theme … Continue reading
It works, Judge, trust us
US Magistrate Judge the Honorable Andrew Peck here makes his third appearance in this blog in as many days, following his appearances at the IQPC Information Retention and E-Disclosure Management conference last week. There is a note about his reputation … Continue reading
Guidance on benefits of e-Disclosure Project
If it was slightly embarrassing to find myself the principal subject-matter of a speaker session at the IQPC Information Retention and E-Disclosure Management Conference last week, it is even more so to have the task of writing about it afterwards. … Continue reading
Posted in Australian courts, Case Management, CaseLogistix, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FoxData, Guidance Software, IQPC, Law Society, LexisNexis, Litigation Support
Leave a comment
First Law Society seminar on e-Disclosure
On Tuesday I gave the first in a series of ten regional talks on e-disclosure for the Law Society to an audience of 70 or so solicitors in London. My starting point was the CPR requirements and powers – what … Continue reading
E-disclosure conferences and seminars 2008
I have updated on my web site the list of conferences, seminars and similar events known to me for 2008, with hyperlinks to the programmes where they are available. I have left up the programmes for the past events, since … Continue reading
Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, ILTA, ILTA Insight, IQPC, Law Society, Litigation Readiness, Litigation Support, The Lawyer
Leave a comment
Summation thought-leadership
As I have already mentioned, Summation is back in the UK and aiming for a share of the growing market here. Since I don’t actually sell software solutions, my interest in “the market” is driven by the underlying causes of … Continue reading
The Litigation Support Marketplace
Independent consultant Andrew Haslam of AllVision has published an excellent summary of what the litigation support market holds. Called The Litigation Support Marketplace – an Analytical Framework, it surveys the problems and the solutions which exist to solve them. You … Continue reading
Judge has more than one interest in trees
A letter in yesterday’s Times throws a new light on the interest which His Honour Judge Simon Brown QC has in electronic disclosure. As regular readers know, Judge Brown is an enthusiastic proponent of cutting down litigation costs by tight … Continue reading
XBundle lifts bar to electronic court bundles
It has been observed unkindly that a high proportion of my research seems to be done in bars. I find them good places to pick up information, especially if everyone else drinks and I do not. Perhaps it is less … Continue reading
Gremlins delay warning of EDD trolls
Giving your predictions for the year at the end of April is a bit like going to the bookies as the Grand National field crosses the Melling Road for the second time (not that that would have done you much … Continue reading
Standard Mercantile Court Directions
The old cliches are the best of course, and I feel just now that we have reached the summit after pushing snow uphill for years (15 years in my case). The snowball is poised to roll downhill, gathering momentum and … Continue reading
Law Society regional e-Disclosure training
The Law Society has just published the programme and venue listings for its electronic disclosure training series under the title E-disclosure – the rules, the practice and the benefits. This begins in London on 13 May and goes to Birmingham, … Continue reading
ILTA INSIGHT 2008
ILTA INSIGHT 2008 takes place on 15 April at the Hilton London Tower Bridge. I will be speaking there with Mark Surguy of Pinsent Masons and HHJ Simon Brown QC in a session to report on the progress which has … Continue reading
LDM shows CaseMap integration
Regular readers will know that I am an enthusiast for CaseMap as a low-cost tool both for its primary purpose – the linking of litigation facts to issues – and as a simple way to handle disclosure. If today’s postings … Continue reading
Judge how CaseMap gets to the issues
I went to Birmingham last week with LexisNexis to show a judge what CaseMap can do. Why is it important for judges to see solutions like this, and what is CaseMap’s role in handling the issues in litigation? Part of … Continue reading
See the Rule Committee in action
The Civil Procedure Rule Committee is having an open meeting on 13 June 2008. I wrote about last year’s one (Rule Committee Open Meeting) in a manner simultaneously respectful and tongue-in-cheek – respectful in that the Rule Committee does an … Continue reading
Directions initiative in Birmingham
Practitioners in the Birmingham Mercantile Court are being sent a draft order for directions which includes provisions aimed at tighter case management. Why is this useful, and what if you genuinely think that the proposed order should not apply in … Continue reading
Another e-Disclosure event in Birmingham
A second talk to Law Society members in Birmingham revealed more enthusiasm for electronic disclosure than one might expect given the amount actually done. How do we translate that enthusiasm into action? The only action required is to ask a … Continue reading
Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Outsourcing
Leave a comment
E-Disclosure conferences in London 2008
There are several e-Disclosure conferences in London this year, including a couple which have not been seen in this space for a bit. Conference organisers have a keen eye for what is topical and have obviously decided that 2008 is … Continue reading
Discovering what to do about e-disclosure
The paucity of blog postings recently does not imply that there is nothing to write about On the contrary, there is too much going on to stop and write it all up. A quick summary of what has come up … Continue reading
UK judge flies e-Disclosure flag in New York
His Honour Judge Simon Brown QC of the Birmingham Mercantile Court went to New York last week to take part in a judicial panel on the subject of eDisclosure. The resulting debate should make audiences sit up on both sides … Continue reading
An effective remedy for prolixity
I reported earlier today (Commercial Court judges set out their case management intentions) on the Commercial Court judges’ intention to limit the length of pleadings, witness statements etc as part of their firm commitment to cut the crap (they did … Continue reading
Posted in Case Management, Commercial Court, Courts, eDisclosure, eDiscovery
Leave a comment
Commercial Court judges set out their case management intentions
A well-attended meeting of the Commercial Litigators’ Association on Monday was left in no doubt that the Commercial Court judges intend to follow closely the recommendations of the Commercial Court Long Trial Working Party Allen & Overy were the hosts … Continue reading
Guidance on the Human Factor in eDiscovery
My first port of call in New York last week was Patrick Burke, Assistant General Counsel at Guidance Software. I did a webinar with Patrick over Christmas (Americans don’t really do Christmas I discover – the last e-mail in on … Continue reading
Basketball pointers for litigation management
eDiscovery Tools is an Australian company which makes software for processing e-mail and other electronic documents for litigation and similar purposes. Its main product is eDiscovery Processor, used by law firms, corporate clients, government departments and litigation support bureaux to … Continue reading
Trilantic sessions round off LegalTech
As in previous years, Trilantic organised three sessions for the last day of LegalTech. They are generally less formal than the other sessions and, as I have said elsewhere, take important subjects with a light tone. I thought I would … Continue reading
Long Trials trial gets longer trial
Mr Justice Andrew Smith, Judge in Charge of the Commercial Court, has issued a statement about the Report of the Commercial Court Long Trials Recommendations. The Recommendations will be put into practice from 1 February. The trial period, however, will … Continue reading
Posted in Commercial Court, Court Rules, CPR, eDisclosure, Litigation Support
Leave a comment
The impact of Qualcomm for UK lawyers
The sanctions judgment in Qualcomm v Broadcomm emphasises for UK lawyers the apparent conflict between their duty to ensure that their clients give full disclosure and their parallel obligation to keep disclosure proportionate. The two duties are not in fact … Continue reading
Spotting the turning-point at the starting-point
The main character in the film The Butterfly Effect explores every possible event in his search for the right answer, only identifying the correct turning point at the end of the last reel, after much unnecessary tribulation. The aim of … Continue reading
E-Disclosure – What does the court expect?
His Honour Judge Simon Brown QC told a London conference audience what the UK courts expect from those who appear before them when electronic disclosure is a big element in a case. I have written separately about the conference organised … Continue reading
Debating the Aikens Report
I wrote on Friday (Give more credit to the Aikens Recommendations) with a more positive view of the Long Trial Report and Recommendations than had been given by John Reynolds of White & Case (Aikens misses the big picture) in … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Litigation Support
Leave a comment
Give more credit to the Aikens Recommendations
John Reynolds, a partner in White & Case, shows less than enthusiasm for the Commercial Court Long Trials Report and Recommendations in an article published yesterday on Legal Week’s web site. The Recommendations deserve more credit. The article, headed Aikens … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Litigation Support
Leave a comment
Commercial Court Long Trial Recommendations
The Report and Recommendations of the Commercial Court Long Trials Working Party was published on 6 December 2007. Its 83 pages deserve a closer look than time allows now, but we will have a quick summary of the passages relating … Continue reading
Posted in Commercial Court, Court Rules, Courts, CPR, eDisclosure, Litigation Support
Leave a comment
eDisclosure Information Project 