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01 October 2009 / Martin Bonney
Issue: 7387 / Categories: Features , Technology
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Playing by the rules

Procedure & principle count in e-disclosure. Martin Bonney explains why

The principles of disclosure are once again being scrutinised as Lord Justice Jackson continues his fundamental review of the costs of civil litigation.

His review was commissioned by the Master of the Rolls in response to the perceived rise in the cost of civil litigation amongst both those bringing claims and those that most regularly have to foot the bill. Jackson’s key question throughout is: how can justice be done while keeping the costs proportionate? In his interim report—published in May—he has laid out a range options for reform to the system, many of them quite extensive.

This is no less true of e-disclosure than other areas and the report contains considerable analysis of e-disclosure, contained in ch 40, 41.

Jackson has identified the discovery process as one of the major contributors to the cost of civil litigation and has made it clear that this is one of the key aspects that he intends to address when his final recommendations are published at

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MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

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Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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