header-logo header-logo

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

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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
back-to-top-scroll