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18 October 2007
Issue: 7293 / Categories: Legal News , E-disclosure
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Lawyers unhappy on e-disclosure rules

News

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.”

Issue: 7293 / Categories: Legal News , E-disclosure
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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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