header-logo header-logo

Electronic storm

02 September 2011 / Julian Copeman
Issue: 7479 / Categories: Features , Profession
printer mail-detail

Julian Copeman seeks the truth behind the e-mail trail

The impact of the widespread use of e-mail over the last 15 years is well known to litigators and courts alike. E-mail exchanges have come to provide a vivid minute-by-minute contemporaneous record of relevant events which allows courts to reconstruct who said what to whom and when in a way that once could only be hazily or contentiously reconstructed from later oral evidence. Lawyers and courts are well used to the disclosure and review of metadata to assist with questions of who drafted what aspects of documents and when. Further, e-mail forms part of the tsunami of electronic documentation which has fundamentally altered the extent, cost of and approach to, disclosure.

Fixed with knowledge

An issue of increasing concern to business people inundated with e-mails is the presumption that they have read any e-mail that is delivered to their inbox, and the worry that they will later be fixed with knowledge of a particular matter as a result of being copied into an e-mail they

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll