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30 May 2014 / Guy Skelton
Issue: 7608 / Categories: Features , E-disclosure
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Rebooting disclosure

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Lawyers must get to grips with the brave new world of e-disclosure, says Guy Skelton

For many litigators, the word “disclosure” conjures up an image of a darkened room filled with towering piles of paper. However, technological advances and changes in practice accelerated by the Jackson reforms mean bleary-eyed support teams are being replaced by tech-savvy analysts, while towers of servers stand in place of the highlighter-strewn papers. Although every lawyer will agree that efficiency is to be welcomed, how can lawyers and firms get to grips with the brave new world of e-disclosure?

 

Understanding e-disclosure

Despite the addition of the ultra-modern “e”, e-disclosure is no different to paper disclosure in terms of the duties owed by solicitors to the court. The creation of the e-disclosure regime is simply a recognition from the courts of the changing way in which information is transmitted and stored. However, because of the sheer volume of information stored electronically, the e-disclosure regime does create additional challenges for lawyers in terms of managing and assessing the mountains of data.

Timing

Timing

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NEWS
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Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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