Category Archives: Disclosure Statement

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

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

Shoesmith loses judicial review but disclosure candour questions remain open

Sharon Shoesmith has failed in her application for judicial review against Haringey, Ofsted and The Secretary of State, Ed Balls. This, as the judge made clear, was to do with the narrow ambit of the judicial review process and says … Continue reading

Posted in Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Some eDiscovery mistakes are more forgivable than others

We have seen some high-profile mistakes in the discovery world recently.  We should discriminate between incompetence and stupidity or oversight. A mistake is not an ediscovery mistake just because it involved electronic documents. The mirth generated at the expense of … Continue reading

Posted in Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

Letter in the Times about destruction of ESI

Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

KPMG survey: Is the legal department ready?

Read KPMG’s new survey on corporate readiness for litigation and then read the judgment in Earles v Barclays Bank. You may spot a connection. KPMG have published the results of the survey which Alex Dunstan-Lee previewed for us at IQPC’s … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, KPMG, Litigation, Litigation costs, Litigation Readiness | Leave a comment

The Continuing Challenges of Preservation, Collection and Exchange

The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Part 31 CPR | Leave a comment

Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure

I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation costs, Part 31 CPR, Stroz Friedberg | Leave a comment

FTI webinar: financial, transactional and operational databases in e-disclosure

FTI Consulting are presenting a webinar on structured data on Thursday 19 November at 1300 GMT. The subject is perceived by some as too difficult to talk about, but it cannot be ignored. Elephants have provided a recurring theme throughout … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Litigation Support | Leave a comment

Where does a wise man hide a leaf?

What connects Father Brown’s deduction that a trusted old soldier had been a villain with Autonomy’s tracing of Jérôme Kerviel’s activities at Société Générale? Both stories involved not just hiding leaves in forests but making a forest in which to … Continue reading

Posted in Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Regulatory investigation | Leave a comment

Getting disclosure information out of SharePoint

I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | 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

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

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 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

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

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

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 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

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