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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

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
The legal profession’s claim to be a ‘guardian of fairness’ is under scrutiny after stark findings on gender imbalance and opaque progression. Writing in NLJ this week, Joshua Purser of No5 Barristers’ Chambers and Govindi Deerasinghe of Global 50/50 warn that leadership remains dominated by a narrow elite, with men holding 71% of top court roles
A legal challenge to police disclosure rules has failed, reinforcing a push for transparency in policing. In NLJ this week, Neil Parpworth examines a case where the Metropolitan Police required officers to declare membership of groups like the Freemasons
Bereavement leave is undergoing a quiet but profound transformation. Writing in NLJ this week, Robert Hargreaves of York St John University explains how the Employment Rights Act 2025 introduces a day-one right to leave for a wider range of losses, alongside new provisions for pregnancy loss and bereaved partners
Courts are beginning to grapple with whether AI-generated material is legally privileged—and the answers are mixed. In this week's issue of NLJ, Stacie Bourton, Tom Whittaker & Beata Kolodziej of Burges Salmon examine US rulings showing how easily privilege can be lost
New guidance seeks to bring order to the growing use of artificial intelligence (AI) in expert evidence. Writing in NLJ this week, Minesh Tanna and David Bridge of Simmons & Simmons set out a framework stressing ‘transparency’, ‘explainability’ and ‘reliability’
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