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06 July 2012 / Adrian White
Issue: 7521 / Categories: Features , Profession
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Perfecting the process

Getting e-disclosure right is essential as the courts take a tougher approach to document review, says Adrian White

How to approach an e-disclosure exercise is a growing dilemma for law firms and their clients as the volume and diversity of documents continues to expand. Allocating too few resources to the process could cause key documents to be overlooked, denying you and the other side key evidence. Overengineering the process could generate too much data, raising costs and risking the ire of the courts.

As e-disclosure has become a regular feature of litigation and regulatory processes, the consequences of getting it wrong are no longer hypothetical. This fact was amply demonstrated earlier this year in the case of West African Gas Pipeline Company Ltd v Willbros Global Holdings Inc [2012] EWHC 396 (TCC), [2012] All ER (D) 60 (May) in which a significant costs order was made against the West African Gas Pipeline Company for failing to provide adequate disclosure, in part due to mistakes made during its search for and review of its own

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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