header-logo header-logo

13 July 2012 / Julian Miller , Sara Robertson
Issue: 7522 / Categories: Features , E-disclosure , Profession
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll