Lawyers unhappy on e-disclosure rules

There are widespread concerns among litigators about ambiguity in the e-disclosure rules, a new survey reveals.

The study by Ipsos Mori for KPMG Forensic, shows 48 of the 100 UK litigators asked believe that judges and masters are ill-equipped to make e-disclosure case management decisions and should be trained on the difficulties routinely faced in an e-disclosure exercise.
Sixty-eight per cent also support the establishment of an independent body of industry practitioners to promote best practice and training in dealing with the disclosure of electronic documents.

Guidelines on e-disclosure were introduced into the Civil Procedure Rules (CPR) two years ago, yet only 17% of lawyers believe they have had a positive impact. Nearly half (43%) believe they have not and 56% believe they have made litigation more costly. The survey shows that 48% cases cost £500,000 or more, with 26% costing over £1m.

KPMG Forensic says costs could be reduced if the two sides  met earlier, as the CPR suggest. In fact, 39% say they had never met their opponent to discuss it and of those that had met, in 29% of cases it was not until, or after, the case management conference.

Paul Tombleson, head of forensic technology at KPMG Forensic, says: “E-disclosure can be immensely complex and costly, and litigators have called for renewed energy in agreeing clearer case management guidelines.”