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02 September 2011 / Julian Copeman
Issue: 7479 / Categories: Features , Profession
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Electronic storm

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

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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