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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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Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

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Switalskis wills and probate team extends reach with two appointments

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NEWS
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
Artificial intelligence does not demand a wholesale rewrite of liability law, argues an article challenging claims that new technology has created an accountability gap
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
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