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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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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