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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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