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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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Jurit LLP—Caroline Williams

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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