I have been recording a group of short podcasts with Millnet in anticipation of the new case management and eDisclosure rules coming into force in April 2013.
The first of these podcasts, recorded with Charles Holloway of Millnet, covered the existing position under the eDisclosure Practice Direction 31B and looked ahead to the new rules coming into effect in April 2013. These increase the range of cases for which parties must discuss the sources and the tools and techniques to be used to deal with eDisclosure, with provision also for active involvement by the judge in making decisions about these things.
The second podcast relates to the no less important area of cost management and budgets which will also come into force on 1 April. Many firms are already well used to preparing budgets for their own clients; now they will be required to prepare budgets for scrutiny by opponents and by the court, at least in relation to costs which they expect to recover if they win.
These budgets will necessarily include, in many cases, the costs of eDisclosure. Lawyers are expected to say what tools and techniques they intend to use, what the cost will be and to explain why the outlay is proportionate to the case. That will require them to approach companies like Millnet for early input into their own decision-making.
These forecasts are deliberately short – this one is only 13 minutes long – making it an easy way to get up to date with the pending changes.