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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

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
Businesses are facing a ‘dramatic rise in prosecution risks’ as sweeping reforms to corporate criminal liability come into force, expanding the net of who can be held responsible for wrongdoing inside organisations
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
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