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Recent Posts
- 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
- Everlaw Clustering: making eDiscovery enjoyable
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Category Archives: Litigation
Story Development for legal teams from FTI Technology
The assembly of detail needed for a complex film scene is similar to that required for running litigation. FTI Technology has Story Development services to help get all the elements into place. I recently watched the film 1917, notable for … Continue reading
Interview: Karyn Harty of McCann FitzGerald on technology, culture and rules in Irish discovery
When I first saw the length of my interview with Karyn Harty of McCann FitzGerald, filmed at Relativity Fest in Chicago, I wondered if I ought to pare it down a little. Having listened to it, I find the whole … Continue reading
Hardwicke seminar: eDisclosure – preparing for the new pilot program
Hardwicke is running a series of seminars about electronic disclosure. The next one is on 13 February it is called eDisclosure – preparing for the new pilot program. The speakers are Charles Raffin, co-author of Electronic Disclosure Law and Practice, and … Continue reading
Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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Steven Whitaker, former QBD Senior Master, talks about technology-assisted review and the CPR
When Steven Whitaker was Senior Master in the Queen’s Bench Division, he was responsible for Practice Direction 31B and the Electronic Documents Questionnaire, and for the decision in Goodale v Ministry of Justice which was the first (and until very … Continue reading
Interview: Nick Robertson of kCura about user input into Relativity design and about the use of analytics
Nick Robertson is Chief Operating Officer at kCura. In this interview, I ask him about the input of users into the design of Relativity and about the increased use of analytics. Nick Robertson identified some of the things which … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Litigation, Regulatory investigation, Relativity
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Discussing online courts as we fight about the cost of paper bundles. An institutional shambles
Two recent documents will be of interest to those who are concerned (in the widest sense of the word) with the development of online courts in England and Wales. If you wonder why this is of relevance to my generally ediscovery-focused … Continue reading
Equinix Roundtable on 25 November: Improving regulatory and litigation response
On 25 November, I am one of the speakers at a round table organised by Equinix with the title Improving regulatory and litigation response. The other speakers are Jeremy Hopkins of Clerkingwell Consulting and Ollie Imoru of Equinix UK. The broad subject of the … Continue reading
Posted in Litigation, Regulatory investigation
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Xerox Litigation Services: corporate involvement in eDiscovery, TAR implementations and eDiscovery managed services
Gabriela Baron, Esq. is Senior Vice President at Xerox Litigation Services. Xerox Litigation Services offers a range of eDiscovery solutions including software, services and consulting increasingly (as we will see below) to corporate clients. Its software includes the Viewpoint Software, OmniX … Continue reading
Smailes v McNally again: relief from sanctions refused after serial eDisclosure failures
Just before Christmas, I wrote an article called Smailes v McNally: eDisclosure consequences of failure to comply with Unless Order. It followed the delayed publication of the Court of Appeal’s judgment Smailes & Anor v McNally & Anor [2014] EWCA … Continue reading
Posted in Court Rules, eDisclosure, Electronic disclosure, Litigation
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Civil Litigation Brief is two years old today
How did we ever manage without the Civil Litigation Brief? Gordon Exall is a barrister at Zenith Chambers in Leeds. Two years ago today he began a blog about his specialist fields of civil procedure, costs, limitation, sanctions and evidence, and … Continue reading
The judgment and some newspaper comment on the Irish TAR case
If you read my article TAR-red with the same brush in the US and Ireland, you will have concluded that I had a copy of the judgment in Irish Bank Resolution Corporation Ltd v Sean Quinn and ors about the … Continue reading
Richard Susskind and the CJC recommend online dispute resolution – but can the MoJ deliver?
Professor Richard Susskind has been a long-time and eloquent proponent of alternative ways of settling disputes through the use of both technology and procedural amendments. His picture of arguments being resolved by people in fancy dress in wooden-walled courts has … Continue reading
Posted in Courts, eDisclosure, Electronic disclosure, Litigation
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Smailes v McNally: eDisclosure consequences of failure to comply with a clear Unless Order
My original plan was to include this case in a summary of recent eDisclosure cases. Once the long-delayed appeal judgment was published, it warranted more detail than the compendium would bear, so I publish it separately. The eDisclosure case of 2014 … Continue reading
Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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A little CPR as precursor to some eDisclosure cases
Let’s have a look at a few cases involving eDisclosure under the Civil Procedure Rules of England and Wales. I refrain from calling them “eDisclosure cases” because it is important to emphasise that disclosure is simply a part of two … Continue reading
Cardozo School of Law launches Data Law Initiative
The Benjamin N Cardozo School of Law in New York has launched a new programme offering legal training in information governance, electronic discovery, data privacy, social media law and cyber security. Between them, these subjects cover a wide range of … Continue reading
Justice takes a bashing but litigation work goes on
To say, as I did in a recent article, that that “civil justice in the UK has plunged off a cliff” is not the same as saying that civil disputes are in decline. Litigation lawyers, at least at the mid- to … Continue reading
Kennedys seminar on 12th March in Birmingham – Surviving Jackson: one year on
Solicitors Kennedy’s gave a seminar this week with the title Surviving Jackson. Many of the points made in it were live-tweeted and the tweets have been collected here by academic and lawyer John Bates @MrJohnBates. They provoke thought. Kennedys is … Continue reading
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
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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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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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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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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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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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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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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Costs management shambles defies parody but case management still has teeth
So, what is the overall effect of the implementation of the new Civil Procedure Rules in so far as they relate to case management, eDisclosure and budgets? Oh, I was hoping that you would tell me. During last week, I … Continue reading
The Civil Procedure (Amendment) Rules 2013 relating to disclosure and case management
This post has been amended to take account of the alterations announced AFTER the Civil Procedure (Amendment) Rules had been approved by Parliament. If that part of this post which relates to costs management has lost some clarity as a … Continue reading
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
IQPC Washington Information Governance and eDiscovery Strategy Exchange
My next trip to Washington DC (I am there as I write, at ILTA) is for IQPC’s Information Governance and eDiscovery Strategy Exchange which runs from 19 to 21 September at the Marriot Fairview Park. This event is organised by … Continue reading
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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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
Indemnity costs awarded where unnecessary costs were incurred
Have a look at the judgment of HHJ Simon Brown QC in Mortgage Agency Services Number Four Limited v Alomo Solicitors. A few lines chosen from the end of the judgment (from paragraph 30) should give you enough the flavour … Continue reading
Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation
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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
Senior Master Whitaker raises the eDiscovery stakes for unprepared litigants
You are busy, I know, and here is another 3,000 words to read. I will repeat here at the top the paragraph with which this article ends, as a taster for what Master Whitaker said in his plenary session speech … 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
Time to take the next steps: a Hong Kong eDiscovery conference
Leaving aside Australian conferences, this was my fourth AsiaPac event. Two years ago, I co-chaired a conference for LexisNexis in Singapore. Shortly after that, Jeffrey Teh and others from LexisNexis set up InnoXcell to bring business events to the region. … Continue reading
Australian Discovery Report stresses Case Management, Consistency and Understanding
The Australian Law Reform Commission published its final report Managing Discovery: Discovery of Documents in Federal Courts at the end of May. The net effect of the recommendations is conveniently set out in the final issue of the ALRC’s Discovery … Continue reading
Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Litigation
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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
Craig Ball Entertains at CEIC 2011 on Computer Forensics for Lawyers
I choose my words carefully when I write, and nowhere more than in the headings to articles. It took me 10 seconds to decide that the word “entertains” would form part of the heading to this post. “Entertains”, “Forensics” and … Continue reading
UK and US EDisclosure / EDiscovery and Compliance Commonality at IQPC London
There was something for everyone at the IQPC Document Retention and EDisclosure Management Summit in London this week. The Bribery Act gave added incentive for those responsible for information management within organisations; at the other end of the process, prosecutors … Continue reading
E-disclosure Great Debate at The Lawyer
The Lawyer today carries a report by editor Catrin Griffiths of an edisclosure panel last week hosted by The Lawyer as part of a series of such debates. The panel included Senior Master Whitaker, Phil Beckett of Navigant, and senior … Continue reading
Aggressive Transparency and Strategic Cooperation in Electronic Disclosure
Lieutenant Schrank: You hoodlums don’t own these streets. And I’ve had all the rough-house I can put up with around here. You want to kill each other? Kill each other, but you ain’t gonna do it on my beat. … … Continue reading
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
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
Strong UK presence at LegalTech 2011
LegalTech 2011 is only a few days away and the programme is packed. Almost everyone whose name has appeared in these pages is taking part in something, and I will not attempt to list them all. Following on, however, from … 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
IQPC Exchange in Munich: Information Retention and eDiscovery in Europe
The civil law jurisdictions of mainland Europe have no discovery tradition as it is understood in common law countries like the US and UK. The IQPC Information Retention and eDiscovery Exchange in Munich was an opportunity for corporate counsel to … 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
Thomson Reuters 6th eDisclosure Forum in London
It is Friday night as I start writing this. I am in BA’s lounge at Washington Dulles Airport after the two-day Georgetown Advanced eDiscovery Institute. There I took part in an international panel, talked and/or listened to the Who’s Who … 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
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
Lessons from Applied Discovery Proportionality panel in Toronto
It sounds a bit flippant to say that I went to Toronto for breakfast. It certainly would not do as an answer to the immigration official asking the purpose of my visit. Readers with long memories may recall two earlier … Continue reading
A quick eDiscovery trip to Singapore
I got back at dawn this morning from the InnoXcell eDiscovery conference in Singapore. I was only there for the two days of the conference and had only just got back from a one day trip to Toronto to attend … 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
Welcome to Clearwell as new sponsor of the e-Disclosure Information Project
It is a great pleasure to welcome Clearwell Systems as the latest sponsor of the e-Disclosure Information Project. Given Clearwell’s present standing in the eDiscovery market, it is hard to realise that it was founded as recently as 2004 and … Continue reading
Helping yourself to confidential information in litigation
Two parties, male and female, are engaged in litigation. The lady fears that the man will conceal information about his assets which ought to be disclosed in the litigation, and gets her agents to copy all his personal and business … 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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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
Legal Inc offers secondment of litigation support personnel
Although most providers of litigation support services make their consultants available to law firms to help with projects, Legal Inc has gone one further and effectively set up its own recruitment arm, offering litigation support personnel at all levels. The … Continue reading
Keeping up with Equivio
Equivio illustrates the maxim “less is more” in ways which go beyond the purpose of its software, which is “the management of data redundancy in content-centric business processes” . There is something appropriate in the way that a company whose … Continue reading
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
Cats at Bacchanalia
Cats Legal kindly asked me to speak at their client event last night. More compelling than me as an attraction, I suspect, was the fact that the venue was Bacchanalia , the specialists in fine Spanish wines, whose premises are … 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
Recommind Webinar 16 June – Earles v Barclays Bank
I am doing a webinar with Jason Robman of Recommind on Wednesday 16 June at 16.00 BST. It is called The Impact of Earles v Barclays Bank on UK Corporations. Registration is here. Some of the UK e-Disclosure cases recently … Continue reading
Lunch-time talk in Sydney with Nuix and KPMG
Knowing that Master Whitaker and I were going to be in Sydney for the Chilli IQ eDiscovery conference, Eddie Sheehy of Nuix invited us to speak at a lunch organised by Nuix and KPMG. The venue was a room on … 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
Terms of Reference for Australian Discovery review
I have already reported that the Australian Attorney General has commissioned a review of discovery laws. We now have sight of the formal Terms of Reference which embed the purpose of the review firmly in the title – “to improve … Continue reading
Party with a purpose at the poolside
I am told that there is record attendance at CEIC 2010 here in Las Vegas. Putting it like that implies no doubt on my part that the claim is correct, but this place is so vast that you could lose … Continue reading
Court of Appeal declines to overturn specific disclosure judgment in Fiddes v Channel 4
Those interested in judicial management of disclosure might like to look at the judgment of the Court of Appeal in Fiddes v Channel 4, delivered on 24 March but published on BAILII only on Friday. The case is interesting for … Continue reading
Imminent reform in prospect for Australian discovery process
Reform of the discovery process in Australia is said to be “imminent”, according to an article in the New Lawyer. The article says that the Attorney General has asked the Australian Law Reform Commission to explore options to promote the … 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
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
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
Recommind research shows UK companies not ready for e-Disclosure
I spent much of today digging out quotations from judgments whose theme was inexcusable e-Disclosure failures, which I need for a paper which I am writing. We have had a run of cases in the UK where significant costs have … 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
You have an urgent e-Disclosure requirement NOW. How do you get started NOW?
Although I have long had an interest in disclosure and specifically in electronic disclosure, the sense that there was a mission and a message to promote dates from the IQPC conference in London in May 2007. It was the first … Continue reading
ILTA Insight 2010: lawyers risk becoming just part of the clients’ process
The most powerful single message from ILTA INSIGHT 2010, held in London yesterday, was that lawyers risk becoming merely part of the clients’ processes in a slot marked “insert lawyer here”. Technology must become part of the lawyers’ business processes, … 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
Plenty to do in an ever busier eDiscovery market
It is very flattering when people write in to ask if I am all right because they have noted that the number of blog posts is down in a particular week, suggesting as it does that people do not merely … Continue reading
Posted in Brussels, Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCyte, ILTA, IQPC, Litigation, Litigation Support
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Cable & Wireless beats off Digicel claims
Cable & Wireless has beaten off Digicel’s claim that its entry into the Caribbean telecoms market was deliberately and wrongfully blocked by Cable & Wireless. According to an article in the Guardian, Cable & Wireless Communications wins legal war with … Continue reading
eDisclosure Information Project 