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13 March 2008 / Greg Wildisen
Issue: 7312 / Categories: Features , Profession , Technology
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Once bitten...

Complex electronic evidence can be crucial in court and ignorance can be costly, says Greg Wildisen

The basic concept of e-disclosure has become familiar to many lawyers, but in the absence of the deluge of electronic evidence promised to break over these shores a few years ago, many have yet to really consider its full implications. This is changing. General disclosure rules mean that the UK has so far been spared some of the worst problems suffered by litigators in the US (not least the tactic of swamping the other side with terabytes of data in the hope of concealing the “smoking gun”). Recent sanction decisions in the are not only penalising parties to a matter, but extend to hold attorneys professionally liable in certain circumstances. Consequently handling electronic evidence correctly and understanding the techniques available is becoming increasingly important for all parties.

 

E-EVIDENCE IS DIFFERENT

Much of the value of electronic evidence is often contained in its “metadata”, the record of who has read or amended a document.

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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