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13 July 2012 / Julian Miller , Sara Robertson
Issue: 7522 / Categories: Features , E-disclosure , Profession
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The three Ps

E-disclosure requires preservation, preparation & proportionality, say Julian Miller & Sara Robertson

It has been 18 months since the introduction of the electronic disclosure practice direction PD31. Since then there have been several cases setting out the implications for practitioners and their clients.

There are three key considerations litigants and their advisers must address. A failure to do so may result in adverse costs orders.

Preservation

Paragraph 7 of PD31 provides: “As soon as litigation is contemplated, the parties’ legal representatives must notify their clients of the need to preserve disclosable documents. The documents to be preserved include electronic documents which would otherwise be deleted in the accordance with a document retention policy or otherwise deleted in the ordinary course of business.”

Good practice now requires that solicitors include an appropriate instruction in their retainer letters, but this will rarely be enough of itself. How often do clients read terms and conditions in full? At an appropriate stage early in any case likely to proceed to litigation, there must

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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