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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

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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