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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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