My Q&A with Recommind on eDisclosure, Mitchell and US-UK discovery differences

Nick Patience of Recommind was kind enough to ask me to take part in a series of written Q&A posts on Recommind’s Mind Over Matters blog. They have recently published similar discussions with Patrick Oot of Shook, Hardy & Bacon and of the eDiscovery Institute, and with David Horrigan of 451 Research, so I am in good company. My piece appears here.

The questions reached me shortly after the Court of Appeal’s decision in Denton and two other cases known collectively as “Mitchell 2″. I was in slightly jaundiced mood as a result of all the time and money which has been wasted as a result of the original decision, and it shows in my answers. My own post about Denton and eDisclosure will appear in due course.

I was asked, amongst other things, if there are “any lessons from the US experience with eDiscovery that are instructive for UK lawyers? Yet more jaundice is evident from my reply which includes the comment that I launched the eDisclosure information Project, in part, “to correct the idea that eDiscovery must always be disproportionately expensive in the US style”

Nick Patience, Drew LewisPhil Favro and Jonathan Wiley of Recommind have kindly extracted sentences from the blog post which together provide a good summary of it. They are given in this Storify.

About Chris Dale

I have been an English solicitor since 1980. I run the e-Disclosure Information Project which collects and comments on information about electronic disclosure / eDiscovery and related subjects in the UK, the US, AsiaPac and elsewhere
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