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Do the right thing

15 September 2011 / Deborah Blaxell
Issue: 7481 / Categories: Features , E-disclosure , Profession
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Deborah Blaxell highlights the importance of making the correct e-disclosure technology choices

Electronic disclosure plays a critical role in today’s legal environment. It is therefore important for those involved in e-disclosure exercises to be able to make informed choices regarding the various e-disclosure strategies, tools and techniques available to assist in sifting through the volumes of electronically stored information (ESI).

Practice Direction 31B

In the UK, Practice Direction 31B was introduced in October 2010 to provide a framework within which litigants can apply strategies to keep the costs of disclosure in litigation at a proportionate level, whilst ensuring that the relevant information is preserved at an early stage and disclosed as required. In recent years, there has also been a dramatic increase in the number of regulatory investigations commenced against companies in various jurisdictions, on occasion as a result of concerted action by numerous regulatory bodies.

Every case is different, involving differing sets and volumes of data, numbers of custodians, budgets, jurisdictions, and technical and legal considerations. Clients’ requirements vary from

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NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
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