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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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