Reasonably accessible tapes in cartoon and Court of Appeal

I resist passing on all Tom Fishburne’s wonderful Case in Point cartoons which he does for CaseCentral – this is supposed to be a serious place, and I don’t want Fishburne eclipsing my own occasional forays into the lighter side of e-Discovery.

Like all the best cartoons, this week’s is both telling as well as funny:

Importance of backups

It is also, as it happens, very timely, coming in the week where the Court of Appeal has actually had to consider a point about reasonable accessibilty of back-up tapes – the case is Fiddes v Channel 4 and I will write about it as soon as I can find a public version of the original judgment. Briefly, the judge decided against ordering the disclosure of some hard-to-access tapes on grounds of proportionality and the Court of Appeal upheld his judgment.

It does not matter what it is which makes people think about the subject – a cartoon and a Court of Appeal judgment have equal weight at that level.

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