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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

mfg Solicitors—Hayley Pearce & Lauren Williams

mfg Solicitors—Hayley Pearce & Lauren Williams

Law firm mfg Solicitors announces promotions at Ludlow office

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson—Richard Sharpe

Womble Bond Dickinson appoints partner in Leeds residential team

Brabners—six promotions

Brabners—six promotions

Brabners adds six to partnership in record year for partner promotions

NEWS
The legal profession's AI challenge extends far beyond fabricated case citations, according to a warning about the next phase of technological risk
Law firms should use the transition period before the Financial Conduct Authority (FCA) assumes anti-money laundering (AML) supervision to strengthen governance and compliance, experts have warned
Cross-border disputes increasingly demand creative approaches to gathering evidence, with litigators needing to look beyond traditional letters of request
A Court of Appeal ruling has clarified the distinction between contracts of 'indefinite' and 'perpetual' duration, with potentially significant implications for commercial drafting
The Court of Appeal was entitled to uphold the government's decision to proscribe Palestine Action as a terrorist organisation, according to an analysis of the ruling
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