Category Archives: Courts

Judge Facciola LegalTech messages are for UK as well as US lawyers

There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Collections trainees seek Guidance on civil e-discovery

One of the benefits of being linked to the companies who sponsor the e-Disclosure Information Project is the opportunity to talk to those who work for them. These are the people who are out meeting with and working with the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, Guidance Software, Litigation, Regulatory investigation | Leave a comment

Kazeon to host judicial e-discovery webinar

I have yet to write up the tremendous speech made by US Magistrate Judge John Facciola at LegalTech in New York last week. My excuse, if such be needed, is that it contained so much of importance to anyone practising … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, LegalTech, Litigation Readiness, Litigation Support | Leave a comment

LegalTech lessons for lawyers from extinct species

Only one practising UK commercial lawyer came to LegalTech in New York. Recession hit the litigation support industry before our eyes. One of the recurring themes there was that the clients are taking discovery in house.  Down the road we … Continue reading

Posted in Case Management, Court Rules, CPR, Data privacy, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, LegalTech, Litigation, Litigation costs, Litigation Readiness, Litigation Support | Leave a comment

Discovery Practice Note issued in Australia

The Chief Justice of the Federal Court of Australia yesterday gave effect to the long-awaited Practice Note No 17 – The use of technology in the management of discovery and the conduct of litigation. Those of us involved in drafting … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Jackson sets out some litigation costs issues

A thoughtful article by Simon Davis and Simon James of Clifford Chance has appeared on the Lexology site. A purist might quibble about its title – Jackson’s dilemma – or how to cut the cost of litigation – on the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Plenty to write about but no time to write

I had a patch recently when I had no time to write for a few days. Someone sent me a message, not exactly complaining, but making it clear that my apparent dereliction of duty had been noticed. It is not … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Law Society, LegalTech, Litigation, Litigation costs, Millnet | Leave a comment

Fannie Mae – be careful what you agree to with e-discovery orders

The American Fannie Mae case shows what can happen if a lawyer unskilled in electronic disclosure agrees to something which is beyond his skills and knowledge. UK judges may baulk at questioning an advocate’s expertise, but they have an absolute … Continue reading

Posted in Case Management, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Part 31 CPR | Leave a comment

SCL Summary of Digicel v Cable & Wireless

I have written much about the Digicel case Digicel (St. Lucia) Ltd v Cable & Wireless Plc [2008] EWHC 2522 (Ch) but delayed writing a summary of the actual judgment because I knew that barrister Clive Freedman was doing so. … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs | 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

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation, Litigation costs | Leave a comment

Mancia: interest in US being interested in them

A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs | Leave a comment

Audio recordings of SCL e-disclosure seminar

My article Electronic Disclosure: Meeting the Challenge was a report of a seminar presented by the Society for Computers & Law in October. Janet Lambert, Christine Gabitass and I were the speakers under the chairmanship of Clive Freedman. The sessions … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Part 31 CPR | Leave a comment

SCL Predictions 2009

Computers & Law, the web site and magazine of the Society for Computers & Law always collect predictions at this time of the year from some of those who work at the intersection of law and computing. One of mine … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Mancia – US discovery lessons for UK lawyers

Many UK lawyers and judges affect disdain for the American way of litigating and, in particular, for the way US lawyers handle electronic documents. The UK lawyers’ perception that e-disclosure is all very expensive not only confuses cause and effect … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs | Leave a comment

A takeaway of Digicel tips

The old cliches are the best, and it is fair to say that English judgments about the case management of electronic disclosure are like London buses at the moment. After years with hardly any any reported cases, we have had … Continue reading

Posted in Case Management, Court Rules, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation Support | Leave a comment

Getting expert search evidence in front of the court

Yet another important new UK case on electronic disclosure, Abela v Hammonds, reaches me whilst I am listening to a US webinar about searching. The theme of both is knowledge, understanding and expertise – and co-operation to arrive at a … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, H5, Judges, Litigation, Litigation costs, Litigation Support | Leave a comment

Australian judgment served via Facebook

Lawyers in Australia have served a default judgment on borrowers by sending it via Facebook. The Supreme Court of Australian Capital Territory gave leave for service to be effected in this way because the borrowers had left their last-known address. … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Legal Technology, Litigation, Litigation Support | Leave a comment

Is Hedrich more important than Digicel for e-disclosure?

A cigarette packet carries the warning that smoking can kill you. Solicitors’ standard terms of business should carry a warning that litigation can cost you. For litigation is an inherently risky business: there are no certain winners; and very often … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs | Leave a comment

Webinar: Benchmarking E-Discovery Methods

The webinar anticipated in this post has now taken place. My report on it, and its fortuitous coincidence with a new UK case,  can be found in my post Getting expert evidence in front of the court which also includes … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Litigation, Litigation costs, Litigation Support, Masters Conference | Leave a comment

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

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs, Litigation Support, Outsourcing, Part 31 CPR | Leave a comment

Ignorance of mainstream technology may cost you

Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Legal Technology, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

The revolutionary consequences of Digicel

The importance of Digicel v Cable & Wireless lies not in any new law and still less in allocating blame for the outcome. We cannot predict its consequences but what matters is that everyone now knows about the Practice Direction … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

E-Disclosure Information Project first birthday

November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading

Posted in CaseLogistix, CaseMap, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, Part 31 CPR, SEO, Trilantic, Web Sites and Blogs | Leave a comment

What exactly is it that you do?

A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet | Leave a comment

Autonomy Early Case Assessment at the Ritz

Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

LexisNexis and LDM joint venture

LexisNexis and LDM Global were hosts at a party on 6 November at the Andaz Hotel at Liverpool Street. The occasion was a link-up between them which brings together LDM’s role as a provider of a wide range of legal … Continue reading

Posted in Case Management, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, LexisNexis, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Electronic Disclosure: Meeting the Challenge

This was the title of a seminar presented by the Society of Computers & Law on 20 October when our hosts were Barlow Lyde & Gilbert. The Chairman was barrister Clive Freedman and the speakers were Janet Lambert, a partner … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Birmingham Law Society e-disclosure seminar

A collections expert, a data archive specialist, a commercial barrister and a judge took a Birmingham audience – the second audience there in three weeks – through the stages of data handling, from organising it on the clients’ server, through … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Terms of reference of litigation costs review

The Terms of Reference for Lord Justice Jackson’s review of costs have now been published. The stated objective – “To carry out an independent review of the rules and principles governing the costs of civil litigation and to make recommendations … Continue reading

Posted in Case Management, Courts, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Judgment in Digicel (St Lucia) v Cable & Wireless

I wrote about this case on the basis of a short summary of the judgment – see Case law at last on scope of reasonable search. In summary, I described it as important not because it made any new law … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

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

Speaking and listening in Australia

Sydney feels familiar from the moment you step off the plane. It is not just its culture, language and architecture which makes you feel at home – its law, its information management issues, the remedies available to judges and the … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Guidance Software, KPMG, Kroll, LexisNexis, Litigation, Litigation Readiness, Litigation Support | Leave a comment

Betting on certainties in the information war

The odds on gaining improved information management from the recession are better than those on offer for Peter Mandelson’s resignation before the next election. The war to tame the information needed for litigation and regulation, like other wars, will breed … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Document Retention, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Birmingham barristers see e-disclosure applications

A seminar in Birmingham allowed an audience of lawyers to see some of the applications used to handle electronic disclosure topped and tailed by some explanation of the litigation context. It was not just a trade show but a visual … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, FoxData, Judges, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR, Trilantic | Leave a comment

Case law at last on scope of reasonable search

We at last have a reported case on the scope of a reasonable search for electronic documents and on the duty of parties to co-operate. You do not need case law to validate a clear rule, but Digicel (St Lucia) … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges | Leave a comment

What will recession do for civil justice?

I nearly did Gordon Brown an injustice last night. My notes for a talk to be given in Birmingham included the observation that “our weasel-worded Prime Minister has not yet found the guts to admit that we are in or … Continue reading

Posted in Case Management, Civil justice, Court Rules, Courts, CPR, Judges, Litigation Readiness, Litigation Support | Leave a comment

Going the extra mile to understand discovery

It takes roughly twice as long to travel from Sydney to London via Washington as it does to fly directly eastbound. I could have been home in Oxford in about half of the 30 or so hours of travelling time … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Masters Conference | Leave a comment

Leadership in litigation

This is a report of a speech given by US Magistrate Judge John Facciola at the Masters Conference in Washington on 17 October 2008. Its theme was leadership. Whatever view UK lawyers and judges may take about US litigation discovery, … Continue reading

Posted in Case Management, Courts, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Masters Conference | 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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Discovery of Australian and US connections

The purpose of the e-Disclosure Information Project is to assimilate and disseminate information about electronic discovery / disclosure. As you may conclude from my silence on this site for a fortnight, I have been doing more assimilating and less dissemination … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Take the best and discard the worst from US litigation

The Vikings brought with them some habits which were deplored by their hosts, but they also brought technology which we turned to our advantage. We do not much like some of the practices in US civil courts, but we can … Continue reading

Posted in Attenex, Case Management, Clearwell, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Ernst & Young, FRCP, KCura, KPMG, Legal Technology, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Jersey Appeal Court to go paperless

The Jersey Appeal Court aims to pilot a project before the end of year under which an appeal will be heard without any use of paper. The long-term strategy in Jersey has long included this idea, but  practitioners seem to … Continue reading

Posted in Court Rules, Courts, Paperless court | Leave a comment

Legal Inc’s INClusive answer for routine matters

Although there is something slightly self-referential in quoting someone else who quotes you, I am pleased to see that something I wrote has been used to help make the the business case for electronic disclosure. Legal Inc have launched what … Continue reading

Posted in Case Management, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Legal Technology, LexisNexis, Litigation, Litigation Support | Leave a comment

Litigation Forum: Facing the Future

Legal Week’s Litigation Forum this week, sponsored by Ernst & Young, was rather different from the (many) others I have been to this year. They have been e-disclosure conferences with litigation practice and procedure as a context. This week’s event … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Ernst & Young, Litigation | Leave a comment

Practical Guidelines for e-Disclosure Management

Litigation solicitors in private practice and in-house lawyers would have done well to be at the Ark Group conference last week. Run over two days within spitting distance of the Tower, it had the title Adopting Practical Guidelines to e-Disclosure … Continue reading

Posted in Case Management, CaseLogistix, CaseMap, Court Rules, Courts, CPR, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, Guidance Software, LexisNexis, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Understanding transparent search for UK litigation

The US courts are laying increasing stress on the technology and the methodology used to find documents relevant to a case. Even US lawyers are pulling the blanket over their heads at the implications of this, and UK lawyers will … Continue reading

Posted in Case Management, CaseLogistix, Clearwell, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FRCP, Litigation Support | Leave a comment

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

Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure Conferences, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Hobs Legal Docs praise RingTail and IPro

London-based Hobs Legal Docs has strengthened its relationship with FTI Ringtail and now has five Ringtail Certified Services Technicians – apparently the largest headcount outside the US. Managing Director Terry Harrison is also enthusiastic about IPRO’s eCapture which Hobs uses … Continue reading

Posted in Case Management, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Some conclusions from Socha-Gelbmann

As the dust settles on the 2008 Socha-Gelbmann Survey, it is perhaps useful to pick out a couple of the conclusions which particularly affect UK corporations, law firms and suppliers. As I have reported elsewhere (Project sponsors ranked by Socha-Gelbmann) … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, FRCP, Litigation Support | Leave a comment

A big culling exercise on holiday

After a while at this game, one begins to see parallels with the EDRM stages in areas of life which have nothing to do with documents. I am just back from a week in a remote cottage in Cornwall whose … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDiscovery, EDRM, Litigation Support | Leave a comment

The Aussie e-Discovery Dream Team

Renée Lee, International Marketing Director at Guidance Software, is leaving Guidance and will shortly be joining eDiscovery Tools. The e-Disclosure Information Project’s loss on one side is balanced by a gain on the other I had been two days in … Continue reading

Posted in Australian courts, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Guidance Software, Litigation Support | Leave a comment

Meeting FoxData properly at last

Nearly a year after FoxData agreed to be the first sponsor of the e-Disclosure Information Project, I have at last been to see the company’s premises and met Ian Manning properly The order in which logos appear beside these pages … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, KPMG, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Waltzing off to Australia

I have for some time been mentioning Australia as the jurisdiction to watch for developments in court rules and procedures relating to case management and, in particular, the handling of electronic documents. They warrant a closer look on my part, … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, Electronic disclosure, FRCP, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Lord Justice Jackson | Leave a comment

Meeting people is right

Before you entrust your clients’ disclosure documents to a litigation support provider, it is worth getting to know a few, and that means real human contact, not just reading up about them. Meetings do not have to involve sitting round … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KCura, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Catching up will have to wait

I had hoped by now to have written up the talks which HHJ Simon Brown QC and I gave to two groups of judges in the last two weeks, but time is against me and a short summary will have … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FoxData, FRCP, Litigation Support, Part 31 CPR | Leave a comment

Affordable electronic disclosure pricing

I wrote last week applauding an e-disclosure services company which had launched an electronic disclosure service at a relatively low fixed price per Gb (see e-Disclosure pricing not just for large matters). It appeared that they had told everyone but … Continue reading

Posted in Case Management, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Trilantic | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, Electronic disclosure, Epiq Systems, FoxData, LexisNexis, Litigation Support, Trilantic | Leave a comment

The Court of Appeal on the scope of disclosure

Nichia Corporation v Argos may have been a patent case, but the sum involved was not very big and the principles as to proportionate disclosure and judicial case management are applicable everywhere The ideal in legal commentary is that you … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Part 31 CPR | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Litigation Support | Leave a comment

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

Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Ambiguous appearances in the House of Lords

I scan the Times Law Reports occasionally, looking out for decisions relevant to case management. What I am after is a Court of Appeal decision upholding an order from, say, a Mercantile Court, where the judge has hacked down the … Continue reading

Posted in Case Management, Court Rules, Courts, CPR | Leave a comment

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

Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Summation | Leave a comment

Where were the lawyers at IQPC?

The potential audience for these musing ranges from large London firms with Terabytes of data for review down to much smaller firms with modest volumes and budgets to match. A report of a two-day, high-end conference in London will resonate … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Legal Technology, Litigation Readiness, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, IQPC, Litigation Support | Leave a comment

Whose discovery rules would you rather break?

Damned if you do, damned if you don’t is the dilemma which faces many who are responsible for document production simultaneously in more than one jurisdiction. The subject was covered in some of the sessions at IQPC’s Information Retention and … Continue reading

Posted in Courts, Data Protection, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, IQPC, Kroll, Litigation Readiness, Litigation Support | Leave a comment

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

Posted in Case Management, CaseMap, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LexisNexis, Litigation Support | Leave a comment

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

Bringing International Discovery home to all

What is the relevance to UK solicitors of a presentation on International Discovery delivered recently by an Australian in Las Vegas? The answer lies in 200 documents – for that is the new mandatory threshold in Australia for using e-Disclosure … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, Electronic disclosure, IQPC, Law Society, Legal Technology, LexisNexis, Litigation Support | 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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Summation, Trilantic | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Keywords not always the key to disclosure

How useful are keywords in refining document populations? They can be a blunt instrument, but it may be proportionate to use blunt instruments as long as everyone involved is aware of the method used. What does it all mean to … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FRCP, Litigation Support, Recommind | Leave a comment

HMCS workshops on electronic filing

HM Courts Service is running workshops in Birmingham and London on how electronic filing and document management (EFDM) will work in the civil and family courts.

Posted in Case Management, Courts, HM Courts Service, Law Society | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Legal Technology, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Legal Technology, Litigation Support, Recommind | Leave a comment

Aural Guidance on e-Disclosure

Something called the e-Disclosure Information Project is necessarily interested in exploring beyond the traditional speaking and writing ways of getting that information across, and this year has brought a number of recorded opportunities. The Project is a loose confederation of … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Guidance Software, Legal Technology, LexisNexis, Litigation Support | Leave a comment

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

Posted in Australian courts, Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Law Society, Litigation Support | Leave a comment

ILTA 2008: judicial training in e-disclosure

I have already given an overview of the excellent ILTA INSIGHT 2008 conference in London yesterday (ILTA 2008 – not just another e-disclosure conference). Two sessions dealt with electronic disclosure. The first was given by Mark Surguy of Pinsent Masons, … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, ILTA, ILTA Insight, Legal Technology, Litigation Support | Leave a comment

ILTA – not just another e-disclosure conference

When the Director of Global Practice Technology & Information Services at Shearman & Sterling describes what we are doing in the Birmingham Mercantile Court as “leap-frogging the US in e-disclosure”, you begin to think you might be getting somewhere. George … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, ILTA Insight, Legal Technology, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Law Society, Litigation Support, Millnet | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, ILTA, Legal Technology, Litigation Support | Leave a comment

E-discovery progress in Australia

There is a more than theoretical interest in what is happening in disclosure in other jurisdictions. We are all facing the same challenges, and it is helpful to know what the problems, and the perceived solutions, are in far-away places … Continue reading

Posted in Australian courts, Case Management, CaseMap, Court Rules, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, eDiscovery Tools, LexisNexis, Litigation Support | Leave a comment

Attracting readers for electronic disclosure

I do not have any sophisticated means of tracking the visitors to this blog, but WordPress shows me which pages have been read how many times and allows me to distinguish between real views and those made by crawlers and … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Epiq Systems, Litigation Support, SEO, Web Sites and Blogs | Leave a comment

Relevant is irrelevant to standard Disclosure

I spend a sadly disproportionate amount of my life touring the Web with the aid of Google, looking for things which are relevant to disclosure of documents, and in particular electronic disclosure. Look, I even talk like Part 31 of … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, ILTA, Litigation Support | Leave a comment

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

Posted in Case Management, CaseMap, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, LexisNexis, Litigation Support | Leave a comment

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

Posted in Case Management, CaseMap, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, LexisNexis, Litigation Support | Leave a comment

LiST publishes draft Disclosure Statement

The LiST Group has published a draft revised Disclosure Statement on its Publications page. The draft was submitted to the DCA (as was) in 2006 with a view to kick-starting a discussion about this under-regarded element in the disclosure process. … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDiscovery, LiST, Litigation Support | Leave a comment

For the avoidance of doubt…

Those of you excited by my report yesterday of a District Judge striking out both statements of case for failure to comply with a practice direction did, I hope, get to the bottom, where the words “fool” and “1 April” … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, eDiscovery, Litigation Support | Leave a comment

HMCS forum on IT Development

A new forum has been set up to encourage an exchange of plans and ideas between HM Courts Service and the legal profession on business change and matters affecting the courts. The forum will allow HMCS to talk about its … Continue reading

Posted in Courts, Legal Technology, LiST | Leave a comment

Judge strikes out

It is a source of curiosity to US and Australian litigation lawyers that we in the UK have so little case law on pre-trial procedures. District Judge Solomon Dredd made an order at a Case Management Conference today which should … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, eDisclosure | Leave a comment

How do I find out about electronic disclosure?

The e-Disclosure Information Project began in response to a perceived need for different players in the e-disclosure field to know more about what the others were doing. In the last few months, I have heard or heard of things like: … Continue reading

Posted in Case Management, Court Rules, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Legal Technology, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Litigation Support, Ministry of Justice | Leave a comment

LiST Group expands

I have written appreciatively about the work of the Litigation Support Technology Group – LiST – on my web site. LiST is a think-tank, whose members – all skilled and experienced litigation support people in law firms and analogous organisations … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, LiST, Litigation Support | Leave a comment

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

Posted in Case Management, Commercial Court, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Litigation Support | Leave a comment