Did you hear the one about the party who lost a £50m claim, without any discussion of the pleaded issues, thanks to disclosure failures? Or the case where the judge decided against hearing an expensive application for specific disclosure, saying that the party allegedly in default could take its chance that the trial judge would draw an adverse inference from their disclosure defects?
I wrote recently about an eDiscovery talk to be given with Zenith Chambers in Leeds on 20 October by me, Gordon Exall of Zenith Chambers and Jonathan Maas of Huron Legal. It has a perky, optimistic title Documents win cases! but the session description emphasises the potential risks involved in embarking on an eDisclosure exercise without some knowledge of the rules, of the available technology and of acceptable processes.
The second such event is to be given at Hardwicke on 22 October, where the same speakers will be joined by barristers Michael Wheater and Charles Raffin of Hardwicke.