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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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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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