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06 October 2017 / Julia Chain
Issue: 7764 / Categories: Features , Profession
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Avoiding errors & pitfalls in eDiscovery

The eDiscovery process is fraught with potential hazards but some common mistakes can be avoided, says Julia Chain

  • Looks at typical mistakes during the eDiscovery process.

Electronic discovery is now the norm in increasingly complex proceedings where discoverable information can be buried in terabytes of data. The consequences of not doing eDiscovery effectively and with care can be fatal, especially in the early stages of discovery planning. While the following is by no means a totality of what could go wrong, it represents some common mistakes when addressing discovery obligations imposed by the courts.

Collection

During collection, the lack of a developed and detailed data map can leave the parties exposed to potential issues as a project moves through the ‘electronic discovery reference model’ (EDRM). In high risk, high speed matters with strict deadlines, if the location of key data is not properly identified, disruption and delays can easily occur during the course of a disclosure exercise. A robust information governance protocol, including any number of general best practices related to organising

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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