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Costs control (2)

Disclosure control: are you ready for the big bang next year, asks HH Judge Simon Brown QC

In the search for “proportionality”, Chapter 37 of the Jackson Report identified disclosure and “handling documents” as the biggest “Manhattan” in lawyers’ bills of costs and in need of court control. The Digital Age has revolutionised the way we all instantly communicate around the globe, making paper documents anachronistic, apart from their resting in the vaults of the Bodleian Library.

The most valuable evidence in any case is to be found in contemporaneous digital information—electronic documents. The volume of this precious information (electronically stored information (ESI)) is enormous and it is diverse and various. It is impossible or prohibitively expensive to print it. Lawyers—including judges—must embrace new technologies if they are to be “fit for purpose” in proportionate civil litigation; a recurring theme in the Jackson Report.

Jurisdictions around the world

Civil jurisdictions around the world have taken different approaches

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MOVERS & SHAKERS

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
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Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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