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10 November 2017 / Ed Crosse
Issue: 7769 / Categories: Opinion , E-disclosure , Profession , Budgeting
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A new dawn for disclosure

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It’s time for the profession & the judiciary to engage constructively to create a world class civil disputes regime, say Ed Crosse & David Bridge

Over the past couple of years there has been growing momentum for major change in the approach to disclosure of the courts in England and Wales. The proliferation of data exchanged between people and stored by individuals and companies has left the traditional approach to disclosure looking antiquated. The language of the current rules assumes that hard copy documents will be the norm, with a separate Practice Direction (PD) bolted on to cover electronic documents, which in truth now make up the vast majority. The entitlement to ‘inspect’ documents, rather than receive copies in native format complete with meta-data, is indicative of this, harking back to a period when lawyers visited each others’ offices to view lever arch files of material.

There have, of course, been changes in practice. The courts have accepted the reality of electronic disclosure and methods of searching for documents that,

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MOVERS & SHAKERS

WSP Solicitors—David Ashcroft & Jessica O’Shea

WSP Solicitors—David Ashcroft & Jessica O’Shea

Commercial property and child law teams expand with senior hires

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Duxton Hill Chambers—Lucas Bastin KC & Joshua Hiew

Set expands London and Singapore offering with senior international disputes hires

Gilson Gray—Gregor Duthie & Stephen Forsyth

Gilson Gray—Gregor Duthie & Stephen Forsyth

Firm strengthens real estate and litigation teams with partner promotions

NEWS
Behind the profession’s polished exterior, lawyers are ‘internally drained rather than physically tired’, according to a stark assessment of burnout in legal practice
Five years after the Domestic Abuse Act 2021 came into force, concerns remain that the family courts continue to minimise allegations of abuse in child contact disputes
Uber has built a formidable strategy for insulating itself from liability for drivers’ conduct, but the legal terrain differs sharply between the US and England and Wales
The Civil Justice Council’s review of Part III of the Solicitors Act 1974 could mark the end of what one commentator calls an ‘outdated’ and overly technical regime governing solicitor-client fee disputes
The House of Lords (Hereditary Peers) Act 2026 marks a constitutional watershed by severing the centuries-old link between hereditary titles and automatic membership of the upper chamber
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