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15 July 2010 / Steven Friel , Caroline Bell
Issue: 7426 / Categories: Features , Procedure & practice
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Benefit & burden

Steven Friel & Caroline Bell discuss the changing nature of disclosure in civil procedure

We live in a technological age where there are many different forms of electronic communication and voluminous quantities of data are produced, exchanged and stored by electronic means. This can be a benefit and a burden to parties complying with their disclosure obligations in civil litigation.
Documents can make or break a case in more ways than one. They can make a case by the evidential weight they bring to bear; many a litigator lies awake at night dreaming of the smoking gun. Equally, documents can break a case with the financial strain disclosure brings to the costs of litigation. These points are particularly apt when it comes to electronic documents. There are many new and innovative e-disclosure tools on the market that greatly assist in complex cases, for example large scale commercial fraud. However, these tools, which are gradually becoming more and more necessary to the way in which we handle complex cases, come at a price, and

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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