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06 November 2008
Issue: 7344 / Categories: Features , LexisPSL
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Co-operation is the key to successful disclosure

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

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NEWS
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
In a striking financial remedies ruling, the High Court cut a wife’s award by 40% for coercive and controlling behaviour. Writing in NLJ this week, Chris Bryden and Nicole Wallace of 4 King’s Bench Walk analyse LP v MP [2025] EWFC 473
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A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
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