header-logo header-logo

Co-operation is the key to successful disclosure

06 November 2008
Issue: 7344 / Categories: Features , LexisPSL
printer mail-detail

Amanda Wadey reports on Digicel v Cable & Wireless where the parties were taken to task for failing to agree the ambit of e-disclosure

Electronic disclosure

Refs: Digicel v Cable & Wireless [2008] All ER (D) 226 (Oct)

Facts of the case

Mr Justice Morgan has emphasised the need for parties to work together so that the e-disclosure exercise is as fruitful as it can be.

The parties were in dispute over whether or not the defendant telephone operators had deliberately delayed interconnection with the claimant mobile telephone companies’ networks. The claims are for damages arising out of alleged breach of statutory duty in seven different jurisdictions in the Caribbean. Following disclosure, which included the disclosure of a considerable number of electronic documents, the claimant made an application for specific disclosure of back-up tapes and electronic documents.

Back-up tapes

Refs: CPR PD 31, para 2A; Byers v Illinois State Police 53 Fed R Serve 3d 740 (N D III May 31, 2002);  Zubulake v UBS Warburg LLC (2003) 217 F.R.D. 309

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Lawyers can no longer afford to ignore the metaverse, says Jacqueline Watts of Allin1 Advisory in this week's NLJ. Far from being a passing tech fad, virtual platforms like Roblox host thriving economies and social interactions, raising real legal issues
back-to-top-scroll