It is a year since TeCSA – the Technology and Construction Solicitors Association – launched its eDisclosure Protocol and Guidelines. I was involved at the beginning, as moderator of a well-attended pre-launch training day, and am a member of the eDisclosure Working Party.
The eDisclosure Protocol and Guidelines have both reflected and driven best practice in the Technology and Construction Court and, anecdotally, beyond the TCC in other courts.
There is a dedicated eDisclosure page on the TeCSA website on which you can find the eDisclosure Protocol Pack containing an introduction, the eDisclosure Protocol, Guidelines to the eDisclosure Protocol, and a Guide to eDisclosure, as well as sub-sections on costs budgeting, pre-action protocols and other matters of relevance and importance to all those engaged in litigation and other forms of dispute resolution such as arbitration and mediation.
This remains a work in progress, intended to evolve to reflect user experience as well as developments in rules and case law. Steven Williams of Nabarro is head of TeCSA’s eDisclosure Working Party and will be glad to receive any suggestions as to future changes. We meet shortly to discuss how best to carry the educational and training message forward.
TeCSA is not the only organisation with an interest in promoting better understanding of eDisclosure. Many years ago, LiST – the Litigation Support Technology Group – brought together UK litigation support specialists with the aim of encouraging and developing uniformity of approach to the use of technology in litigation and alternative dispute resolution. Among other things, LiST produced draft technology questionnaires, a draft practice direction on the use of IT in civil proceedings, a draft data exchange protocol and other documents which were influential in what became the eDisclosure Practice Direction 31B of 2010.
LiST has been dormant for a while, but there was a meeting this week, which I attended, at which a revival was planned. One of the key elements in that revival is the encouragement of younger people who are engaged in litigation support in the same way as Vince Neicho of Allen & Overy and I brought some younger players onto a panel at ILTA Insight last year – I wrote about that in an article called The future by those whose future it is.
Expect to see more about LiST shortly.