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28 May 2009 / Chris Paley-menzies
Issue: 7371 / Categories: Features , E-disclosure , Profession , Technology
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In search of reasonableness

Chris Paley-Menzies on the changing approach to e-disclosure

The case of Digicel vs Cable & Wireless, where Digicel alleged that Cable & Wireless deliberately conspired to delay interconnection with Digicel's telephone network, has brought the issue of electronic disclosure the forefront of the legal mind. The recent decision made in the case on the inadequacy of the search efforts made by Cable & Wireless will have an effect upon how e-disclosure is approached in the future.

In their efforts, Cable & Wireless racked up some £2m and nearly 7,000 hours of legal time and yet their key word search was still not deemed “reasonable”. The decision to force the company to do further searches on Digicel's terms was also compounded by the fact that they will now have to include the restoration of backed-up tape data. The problem now faced by Cable & Wireless would seem to be one of numbers. From the original list of 10 key words used, over 1,000,000 documents were returned and these were, expensively, whittled down to

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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