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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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