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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

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

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Carey Olsen promotes five lawyers to the partnership

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A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
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