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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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Signature Litigation—Catherine Naylor

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NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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