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29 March 2012 / Master Whitaker
Issue: 7507 / Categories: Features , E-disclosure , Procedure & practice
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A brighter future

Master Whitaker suggests a framework for improving the practice & reducing the costs of e-discovery

 

There is an obvious need to control costs that arise from the propensity of disclosure of electronic stored information (ESI) to cause disproportionate amounts of work and cost. Despite Lord Woolf’s abolition of automatic train of enquiry discovery, the change from paper documents to ESI has seen its virtual reintroduction as parties insist on wide searches for ESI to pull in everything that might be relevant. 
 
The extent of a reasonable search for ESI, as opposed to paper documents, is hugely affected by the multiplicity of sources and formats in which ESI can be found (word processed documents, e-mails, SMS messages, the contents of hand-held devices, digital voice recordings, social networking) and the sheer volume, location, and number of duplicates that may exist. 

The cost and disproportionality of disclosure in litigation is a particular problem of common law civil dispute resolution systems where disclosure is seen to be an indispensable tool of justice. This may have
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MOVERS & SHAKERS

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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