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08 July 2010 / Louise Buchanan
Issue: 7425 / Categories: Features , Profession
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E-utopia

E-disclosure: in search of an ideal world? Louise Buchanan reports

The extent to which a defendant has to search its back-up tapes for further electronic documents was recently considered by the Court of Appeal in Fiddes v Channel 4 TV Corporation & Another [2010] EWCA Civ 516. The decision is unusual in that, unlike a number of earlier decisions on e-disclosure, the applicant’s request for further disclosure was refused.

Background

Mr Fiddes had initiated libel proceedings against Channel 4. In the context of those proceedings, the claimant made an application for specific disclosure of deleted emails from back-up tapes. The defendants accepted that, had the e-mails not been deleted, they would have been disclosable.

The claimant alleged that the defendants’ approach to the disclosure process had been unsatisfactory. In particular, he referred to the fact that one document, which had been described as a “contemporaneous diary”, appeared in fact to have been amended at a later stage by the third defendant, an employee of Channel 4. Furthermore the third defendant’s laptop, on which the amendments were

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

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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