Georgina Squire of the London Litigation Solicitors Association has written a concise and practical guide to eDisclosure under the new rules, which has been published in the New Law Journal. It is called A brighter future? (not the first, I think, with that title on this subject, but the message is an important one) and it emphasises the need for early attention to scope, for discussions aimed at narrowing the arguments, and for focus on what really matters.
I don’t agree with all of it – the sentence The new disclosure rules are a significant departure from the previous approach of “leaving no stone unturned” ignores the fact that that expression comes from two cases (Digicel v Cable & Wireless citing Nichia v Argos) in which looking under every stone was expressly disapproved of. The new rules are not a “significant departure” from that approach but a reinforcement of it.
That apart, this is a good article, worth reading by those who are facing their first CMC since the rules came in.
Meanwhile, Richard Harrison of Laytons, one of the more thoughtful of the litigation lawyers who actually have to do this stuff, has set down his view of Precedent H and the context in which it is to be used. His article, on the SCL website, is called Cost Management and Budgeting: the Absurdities of Precedent H and has as its opening sub-heading The need for scepticism. Read the rest of this entry »