Category Archives: CPR

A proposed new disclosure rule for England and Wales

I recently spent several days rewriting my slides on eDisclosure in England and Wales, covering the rules, practice directions and the cases. The timing was occasioned by a request to give a three hour talk on the subject, and the … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Vince Neicho brings decades of law firm experience to Integreon

Vince Neicho, long-time Litigation Support Senior Manager at Allen & Overy in London, has joined Integreon as VP and Expert Legal Solutions Consultant. A day or two after the announcement, LinkedIn served up the information that Vince had been at … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Integreon, Lord Justice Jackson | Tagged , | Leave a comment

Disclosure obligations include the form and substance of list as well as its completeness

Barrister Gordon Exall has just reached the fourth anniversary of his first publishing his Civil Litigation Brief, now an indispensable guide to civil procedure. In one of his most recent reports (never say “the most recent” with Gordon, because he … Continue reading

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Steven Whitaker, former QBD Senior Master, talks about technology-assisted review and the CPR

When Steven Whitaker was Senior Master in the Queen’s Bench Division, he was responsible for Practice Direction 31B and the Electronic Documents Questionnaire, and for the decision in Goodale v Ministry of Justice which was the first (and until very … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Litigation costs, Predictive Coding, Technology Assisted Review | Tagged | Leave a comment

Relativity Fest London – a rounded eDisclosure conference not just a trade show

As I noted when I wrote about it in advance, kCura’s Relativity Fest London has been moving over the years to become a full-blown eDiscovery / eDisclosure event and not just a platform for launching kCura initiatives and for networking. There … Continue reading

Posted in Analytics, Brexit, CPR, Cross-border eDiscovery, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, KCura, Relativity, Relativity Fest, Technology Assisted Review | Tagged , , , , , , | Leave a comment

A roundup of eDisclosure developments in England and Wales – some rules

This is the second in a series of four articles about the rules and cases relevant to disclosure in England and Wales. The series is introduced here. Although this article is headed “eDisclosure developments” for consistency with the rest, there … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Cautionary tales of boilerplate and specificity

A US case brings us some RTFR (Read the F* Rules), a difference of emphasis between US rules and those of England and Wales, an opportunity to ask what “boilerplate” means, and a word to avoid if possible when speaking. In … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged , | Leave a comment

Tchenguiz v Grant Thornton – proper use of the disclosure “menu” and the overriding objective

Nothing new emerges from the judgment of Mr Justice Knowles in Tchenguiz & Anor v Grant Thornton UK LLP & Ors [2017] EWHC 310 (Comm) (22 February 2017), but it restates an important point relating to disclosure of documents in England … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged | Leave a comment

Application for early specific disclosure was driven by hope of tactical advantage

For the second time in a week I am obliged to Gordon Exall of the Civil Litigation Brief for a link to a new disclosure case. The case is GEM Environmental Building Services Ltd v London Borough of Tower Hamlets & … Continue reading

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Eaglesham v The Ministry of Defence – defence struck out for disclosure failures

I am fortunate that both Gordon Exall, in his excellent Civil Litigation Brief, and Professor Dominic Regan (his training website is here), tip me off about cases which are either about disclosure or which (harder to spot) have a disclosure … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Welcome for a law school eDisclosure course at the QMUL School of Law

The disclosure of documents has always been at the heart of litigation in common law countries. It is not just a procedural requirement with its own strict rules but the source of the evidence and facts on which cases turn. … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura | Leave a comment

Interview: Ed Spencer of Taylor Wessing on Pyrrho and predictive coding

In this video interview, I talk with Edward Spencer, the associate at Taylor Wessing who had the conduct of the eDiscovery application in Pyrrho Investments v MWB Property which resulted in the UK’s first court approval for the ue of … Continue reading

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Full marks for Peter Hibbert’s Electronic Evidence and eDisclosure Handbook

Peter Hibbert’s new book, the Electronic Evidence and eDisclosure Handbook, published by Sweet Maxwell, was waiting for me when I came back from one of my foreign trips. It has gazed reproachfully at me from my bookshelf ever since, as … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged | Leave a comment

Forthcoming webinars on the rules and practice directions and on identification and retrieval of documents

I am about to record two video webinars with MBL Seminars covering different aspects of eDisclosure in England and Wales. One, to be broadcast on 25 February, is called eDisclosure – the Rules and Practice Directions. The regulation of disclosure is … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery | Leave a comment

Jonathan Maas of Huron Legal talks about helping lawyers identify the scope of eDisclosure

I have recently done a number of events with Jonathan Maas of Huron Legal, talking to barristers and solicitors in Leeds and London, at ILTA Insight and in Brussels. His consistent theme has been the need for lawyers to identify … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal | Tagged | Leave a comment

Documents win cases! Huron Legal and Zenith Chambers join forces to discuss eDisclosure in Leeds on 20 October

On 20 October, Huron Legal, in conjunction with Zenith Chambers and with me, will be talking about the disclosure and evidence in Leeds with in a session entitled Documents win cases! The event starts at 4:00pm with a panel discussion … Continue reading

Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Huron Legal | Tagged , | Leave a comment

The Billable Hour appeal for Save the Children, and saving litigators from themselves

I wrote here about an appeal launched by employment barrister Sean Jones QC to raise money for the refugee work of Save the Children. The appeal page is here. I published my article on 4 September when the appeal was … Continue reading

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Metadata matters in eDisclosure / eDiscovery. But what is it?

An article by Cicayda’s Aaron Vick asks the question “What is metadata?”. Those in the UK who might hope that the question is irrelevant to them might first count the number of times the word “metadata” turns up in the practice … Continue reading

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Philip Favro of Recommind interviews English barrister Gordon Exall

It is easy for eDiscovery people to treat the management of litigation documents as an end in itself, overlooking or ignoring the fact that discovery is one of many components of litigation. It is also easy (I get eloquent about … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Recommind | Tagged , | Leave a comment

Civil Litigation Brief is two years old today

How did we ever manage without the Civil Litigation Brief? Gordon Exall is a barrister at Zenith Chambers in Leeds. Two years ago today he began a blog about his specialist fields of civil procedure, costs, limitation, sanctions and evidence, and … Continue reading

Posted in CPR, Litigation | Tagged | Leave a comment

TAR-red with the same brush in the US and Ireland

The last few days have brought us significant court rulings in the US and in Dublin about the use of technology which is variously called predictive coding, technology-assisted review, computer-assisted review, and other names indicative of the joint application of … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Predictive Coding | Leave a comment

New version of TeCSA eDisclosure Protocol and the revival of LiST

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 … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Tagged | Leave a comment

A few eDisclosure cases of 2014

I recently started an article on cases relating to eDisclosure and evidence in England and Wales but side-tracked myself with a brief summary of the rules and of the position as it stands after Denton – see A little CPR … Continue reading

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Smailes v McNally: eDisclosure consequences of failure to comply with a clear Unless Order

My original plan was to include this case in a summary of recent eDisclosure cases. Once the long-delayed appeal judgment was published, it warranted more detail than the compendium would bear, so I publish it separately. The eDisclosure case of 2014 … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

ILTA Insight – litigation costs budgets

This is the third of a series of articles loosely based round the events in which I  participated last week. The recurring threads are the wide range of subjects which get swept up under or alongside eDisclosure / eDiscovery, and … Continue reading

Posted in Costs, Costs Management, CPR | Leave a comment

A little CPR as precursor to some eDisclosure cases

Let’s have a look at a few cases involving eDisclosure under the Civil Procedure Rules of England and Wales. I refrain from calling them “eDisclosure cases” because it is important to emphasise that disclosure is simply a part of two … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

AA v Southwark – local authority’s non-disclosure rounds off an appalling story

Most of the judgment in AA v London Borough of Southwark is about the appalling conduct of a local authority towards one of its tenants. That alone would not warrant a place in this blog, but there were procedural issues … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Two weeks at Office-by-the-Sea in Cornwall for projects and preparation

This post began as an apologia for the fewness of my posts over the last three weeks. I don’t actually feel very guilty about it and achieved, among other things, a project – a short video about Browning Marean which you … Continue reading

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Could an English court require lawyers to make a video about their disclosure obligations?

I recently wrote an article about the Court of Appeal’s decision in Denton which I called Letting the punishment fits the crime as Mitchell gives way to Denton. As the title implies, I suggested that Denton took us some of the way back … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Lord Justice Jackson | Leave a comment

Video marketing, fixed pricing of litigation services and Precedent H

You know how you sometimes start a conversation and quickly realise that you would have done well to keep your mouth shut? I did that last week. Fixed-price quotations for legal services and the defects of the CPR’s new budget … Continue reading

Posted in Costs, Costs Management, Court Rules, CPR | 1 Comment

Comparing like with like and keeping eDisclosure fears in proportion

“E-disclosure is about being clever with the way you do document reviews. It’s about picking the right search terms, using a good provider and having a proper hosting platform.” This sensible quotation, from RPC disputes head Geraldine Elliott, appears in an … Continue reading

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Letting the punishment fit the crime as Mitchell gives way to Denton

What was over in moments, added a word to the law’s dictionary, led to countless spin-off cases and applications, cost millions in legal fees, ended reputations and, having left its mark, disappeared from the scene? There is are curious parallels … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Lord Justice Jackson | Leave a comment

Justice takes a bashing but litigation work goes on

To say, as I did in a recent article, that that “civil justice in the UK has plunged off a cliff” is not the same as saying that civil disputes are in decline. Litigation lawyers, at least at the mid- to … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation, Lord Justice Jackson, Part 31 CPR | Leave a comment

Survey on the implementation of the CPR as it affects disclosure

Barrister Clive Freedman was, as I was, a member of Senior Master Whitaker’s Working Party which drafted the eDisclosure Practice Direction 31B and the Electronic Documents Questionnaire. He runs an extremely informative website at http://www.edisclosure.uk.com covering the law and practice … Continue reading

Posted in CPR, eDisclosure, Electronic disclosure | Leave a comment

The Jackson consultation responses pull no punches but Grayling and the MoJ will ignore them

There is a palpable sense that civil justice in the UK has plunged off a cliff in the short time since the implementation of the Jackson reforms. A few of the responses to the Civil Justice Council’s consultation have been … Continue reading

Posted in Chris Grayling, Civil justice, Court Rules, Courts, CPR, Jackson Reforms, Judges, Ministry of Justice | Leave a comment

Kennedys seminar on 12th March in Birmingham – Surviving Jackson: one year on

Solicitors Kennedy’s gave a seminar this week with the title Surviving Jackson. Many of the points made in it were live-tweeted and the tweets have been collected here by academic and lawyer John Bates @MrJohnBates. They provoke thought. Kennedys is … Continue reading

Posted in Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms, Litigation, Lord Justice Jackson | Leave a comment

Reducing the number of documents to be reviewed

Charles Christian’s Legal IT Insider has published a very good article by Drew Macaulay, Managing Director of Consilio in London. Its title is Establishing effective cost controls in litigation and regulatory investigations, and gives the same emphasis to budgets as … Continue reading

Posted in Consilio, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Mitchell and relief from sanctions under CPR 3.9 Part 3: eDisclosure compliance

Two preceding articles have considered the implications of the Mitchell judgment, one in general terms and one more specifically, with a look at alternative approaches which we might see from the courts. This third post looks at what the disclosure … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR | Leave a comment

Mitchell and relief from sanctions under CPR 3.9 Part 2 – is Mitchell the last word?

This is the second of (at least) three sequential posts about different aspects of the Court of Appeal’s decision in Mitchell v NGN. The first was called Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Lord Justice Jackson | Leave a comment

Mitchell and relief from sanctions under CPR 3.9 Part 1 – cock-up or conspiracy?

One of the many advantages of not being a journalist is that I do not feel the need to react immediately when major developments occur. The news in November that the Court of Appeal, led by the Master of the … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges, Lord Justice Jackson | Leave a comment

A reporting hiatus in a bustling eDiscovery / eDisclosure world

You may have noticed that my written output has slowed down a little recently. Before somebody writes in to ask why (they do, you know) it may be worth giving a few lines of explanation. Put briefly, UK procedural developments … Continue reading

Posted in Civil justice, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Budgets, costs and sanctions in England and Wales – links to some good reporting

One cannot hope to keep up with everything which is going on in consequence of the Jackson reforms to civil procedure in England and Wales. They took effect on 1 April and we are seeing a move from judgments which … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Tagged , , | Leave a comment

Barrister Damian Murphy sets up chambers dedicated to eDisclosure

Barrister Damian Murphy has resigned from Enterprise Chambers to set up his own Chambers, Indicium Chambers, focusing exclusively on electronic disclosure. There is a Lawyer article about this interesting development here. I am doing three events with Damian in the … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Tagged | Leave a comment

TeCSA to run eDisclosure in Practice day on 1 November

TeCSA, the Technology and Construction Solicitors Association, is organising a day’s training session on 1 November with the title eDisclosure in Practice. The flyer is here. The agenda aims to introduce the proposed new TCC eDisclosure Protocol and provide a legal … Continue reading

Posted in CPR, eDisclosure, eDiscovery, Electronic disclosure, TeCSA | Leave a comment

Post-Jackson “Unless orders” – Guidance relevant to eDisclosure

I have referred elsewhere to the Civil Litigation Brief, a blog about procedure, limitation, Default and the Civil Procedure Rules by Gordon Exall, barrister, of Zenith Chambers in Leeds. Gordon Exall has just published an article called Have you complied … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Leave a comment

Judicial re-examination of Jackson changes is unsurprising

Mr Justice Ramsey, the judge charged with overseeing the implementation of the civil procedure changes known collectively as “the Jackson reforms” has been out giving interviews in which he makes it clear that the reforms face a review. The Litigation … Continue reading

Posted in Civil justice, Costs Management, Court Rules, CPR, Jackson Reforms, Judges | Leave a comment

Harsh or just tough? Penalty for failure to comply with Jackson procedural obligations

When I first set up a web site devoted (as it was then) to UK civil procedure, and specifically the key discovery aspects of case management, I put out a general plea for anecdotal information about the outcomes of case … Continue reading

Posted in Civil justice, Court Rules, CPR, eDisclosure, Electronic disclosure, Jackson Reforms | 2 Comments

Useful CPR resource: Procedure, Limitation, Default and the CPR

I have only recently discovered the Civil Litigation Brief run by barrister Gordon Exall of Zenith Chambers in Leeds. It is an essential resource for those facing the sharp winds of the new case management regime. Its title A Blog … Continue reading

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Plebgate costs sanctions judgment to go to the Court of Appeal

Master McCloud’s judgment limiting the costs which Andrew Mitchell MP can recover in his libel case (I wrote about that – see New costs management litigation budget rules claim Plebgate victim) is to be heard by the Court of Appeal. … Continue reading

Posted in Court Rules, CPR, Jackson Reforms, Litigation | Leave a comment

Costs management – relief from sanctions under CPR 3.9

One of the things I had hoped to achieve before setting off to ILTA was a post pulling together what one knows of reports of relief from sanctions cases under Civil Procedure Rule 3.9 specifically relating to costs management and … Continue reading

Posted in Costs, Costs Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Budgets | Leave a comment

Case Management Conference Notice in the Birmingham Mercantile Court

Birmingham Mercantile Court has long been a leader in the development of guidance and procedures for the lawyers who appear there. This is largely thanks to the presence there of His Honour Judge Simon Brown QC who takes the view … Continue reading

Posted in Costs Management, Court Rules, CPR, Mercantile Courts | Leave a comment

New costs management litigation budget rules claim Plebgate victim

The former Overseas Development Secretary Andrew Mitchell is the latest victim of the strictly-applied new costs management rules. The solicitors acting for him in his libel case against NGN failed to file a budget as required by the Rules, and … Continue reading

Posted in Costs Management, Court Rules, CPR, Litigation | 2 Comments

Allowance for human error in approach to relief from sanctions under CPR Rule 3.9

The changes to the case management rules included as part of Lord Justice Jackson’s reforms included an express reference to compliance. One might think it unnecessary that rules should need to recite that they are to be obeyed, but the … Continue reading

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Battle over costs budgeting for high-value commercial cases

Here is a battle to keep out of, so I simply pass on the facts as they appear in an article by John Hyde today in the Law Society Gazette. Well, a bit more than pass them on, perhaps, but … Continue reading

Posted in Court Rules, Courts, CPR, Jackson Reforms, Judges, Litigation | Leave a comment

Jackson update: some useful cases and commentary

It is hard to keep up with the flow of case reports and commentary  coming out as courts and lawyers grapple with the implications of the Jackson civil procedure reforms which took effect in April. Here is a short selection,  … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Being prepared to prepare for costs estimates and budgets in post-Jackson litigation

At first glance, it may seem that my headline is somewhat repetitious, but you read it aright. Many lawyers engaged in litigation in England and Wales are well prepared for whatever comes from the new rules, and find the obligation … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Supplement in The Times encourages legal efficiency

The recent Raconteur supplement to the Times  was called Legal Efficiency 2013, and I was asked to contribute an article about the Jackson reforms. It was given the title Efficiency reform of legal process, reflecting my message that there is … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Recommind | Leave a comment

Breaking the dam: barristers moving in to eDisclosure

There are over 3,800 words here, in a detailed report on Legal IQ’s Information Governance and eDisclosure Summit, so bring coffee and a comfortable chair. If you don’t have time for that, the message can be reduced to a few … Continue reading

Posted in Consilio, CPR, Discovery, eDiscovery, Electronic disclosure, FTI Technology, KCura, Litigation | Leave a comment

DOJ eDiscovery Director speaking in London this week

Amongst the many interesting contributors to the IQPC Information Governance and eDisclosure Summit taking place in London from 14 to 16 May is Allison Stanton, Director of eDiscovery, FOIA and Records for the Civil Division of the US Department of … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KCura, Recommind | Leave a comment

New Law Journal – Jackson articles by HHJ Simon Brown QC and Dominic Regan

The NLJ is publishing an excellent series of articles about the Jackson reforms. They now have another in the series of Costs Budgeting articles by HHJ Simon Brown QC, this one called Costs budgeting: Proportionality is trumps. The index to … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Leave a comment

An optimistic article about eDisclosure post-Jackson – and a less sanguine one

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 … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

Epiq Systems seminar focuses on the new Costs Management rules

Epiq Systems held an extremely informative seminar on the new costs regime earlier this week. You will find at the end of this post a link to the video made on the day with the strong recommendation that you watch … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation | Leave a comment

Discussing eDisclosure round the table at the Brewery

The fact that we enjoyed ourselves at the TGCI eDisclosure event in London did not make it any less of a serious forum for discussion. The round-table format, the complete absence of PowerPoint slides, and the invitation to delegates to … Continue reading

Posted in Autonomy, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Huron Legal, Nuix, Xerox Litigation Services | Leave a comment

Jackson and eDisclosure with Hobs Legal Docs in Manchester

On Thursday, I joined Terry Harrison of Hobs Legal Docs to give a talk on the eDisclosure aspects of the Jackson reforms at a seminar hosted by The Royal Bank Of Scotland in Manchester. My real interest in this subject … Continue reading

Posted in CPR, eDisclosure, eDiscovery | Leave a comment

The Ghost of Legal Services Yet to Come – a Futurist tells of things that may be

LegalTech Asia Technology Summit opened in Hong Kong with a thought-provoking keynote from futurist Rohit Talwar. Don’t be put off by that “futurist`” label – UK solicitors (and even barristers) get something to think about from talks like this. I … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Send three and fourpence, going to a dance – muddled messages from the MoJ

It is fitting that an article about confused messages should have to start with an explanation of its title. Only those who are old and British will know that pre-decimalisation currency consisted of pounds, shillings and pence, written as £. … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Judges | Leave a comment

A clear message from the Master of the Rolls about CPR enforcement

You might perhaps be forgiven for thinking that the case management parts of the Civil Procedure amendments won’t really affect you. It is not just that their launch has been confused, to use a charitable term; those who came through … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Leave a comment

Challenges to meet and not just threats in the Jackson reforms

A senior clinical negligence barrister suggests that we think positively about the Jackson reforms. Shortly after the UK Bribery Act passed into law, I took part in a London panel about its implications. At the Q&A session at the end, … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

The definitive version of the CPR amendments – definitive for this week anyway

The launch of the Amendments to the Civil Procedure Rules has been a shambles, and court users can be forgiven for confusion. We needed decisive leadership at this point, something consistent with the attitude which case managing judges are now … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

General Counsel Institute eDisclosure Conference in London 17-18 April

I am one of four chairmen at a conference run by Today’s General Counsel Institute and called eDisclosure for the Corporate Market “The Exchange”. The others are Browning Marean  of DLA Piper US, George Socha of EDRM fame and David … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Jackson-empowered judges ready for the new regime – and its benefits as well as its burdens

An article by Rachel Rothwell in The Law Society Gazette shows that there are some judges who will be making good use of the case management powers given to them by Jackson, and reminds us that there are potential benefits … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms | Leave a comment

Use of technology-assisted review and costs-shifting in US patent case has UK parallels

One of the main differences between the Federal Rules of Civil Procedure and the Civil Procedure Rules of England and Wales is that England and Wales is a costs-shifting jurisdiction by default. That means that the winner can expect to … Continue reading

Posted in Clearwell, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Symantec | Leave a comment

Costs management shambles defies parody but case management still has teeth

So, what is the overall effect of the implementation of the new Civil Procedure Rules in so far as they relate to case management, eDisclosure and budgets? Oh, I was hoping that you would tell me. During last week, I … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Jackson Reforms, Litigation | Leave a comment

The Civil Procedure (Amendment) Rules 2013 relating to disclosure and case management

This post has been amended to take account of the alterations announced AFTER the Civil Procedure (Amendment) Rules had been approved by Parliament. If that part of this post which relates to costs management has lost some clarity as a … Continue reading

Posted in Costs Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Budgets | Leave a comment

The Jackson Reforms encourage proportionate eDisclosure / eDiscovery in any jurisdiction

I am taking part in a panel discussion at LegalTech next week with Integreon and kCura on the subject of the Jackson Reforms. We will emphasise that the rule changes generally reflect duties to which lawyers are subject anyway, and … Continue reading

Posted in Cost Management, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Integreon, KCura, Lord Justice Jackson | Leave a comment

Uncertainty means expense as we wait for the Jackson rules

An article by Neil Rose on the litigationfutures site is headed 10 weeks until Jackson and still no rules: LSLA chief warns of chaos. The reference is obviously to the wide-ranging reforms to the Civil Procedure Rules due to take … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

Impatient US judges push lawyers to be more proactive in early stages of litigation – what about the UK?

Two articles in succession came under my eye at the same time, one a report of a US judicial panel, the other a summary of pending rules changes in England and Wales. I was going to write separate articles about … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Costs management: Mr Justice Ramsay describes why it is necessary

I wrote recently about the coming regime of costs management in civil litigation – see Costs management moves closer in England and Wales. We now have a more authoritative reference document. Mr Justice Ramsay delivered a speech a few days … Continue reading

Posted in Costs Management, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

Costs Management moves closer in England and Wales

I have already drawn attention to an article by His Honour Judge Simon Brown QC in the New Law Journal called Costs management & docketed judges: are you ready for the big bang next year? which describes what is to be expected … Continue reading

Posted in Costs, Costs Management, CPR, Litigation costs | Leave a comment

Articles on eDisclosure, eDiscovery, Cooperation and Privacy by UK and US Judges

For reasons which I may explain separately, I had banked on the Easter period being quiet on the eDiscovery front. On the whole, that hope was justified, with Twitter relatively quiet, few interesting things to pass on, e-mail volumes down, … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Using a neutral third party to resolve or prevent disclosure disputes

One of the most useful UK resources about electronic disclosure is Clive Freedman’s electronic disclosure wiki at http://www.eDisclosure.uk.com. Clive Freedman is a barrister at 3 Verulam Buildings and is (as I am) a member of Senior Master Whitaker’s working party … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Disclosure and eDisclosure – filming a video primer with Dominic Regan

I took part in a video webinar with LexisNexis this week, part of their rolling programme of Butterworth’s Dispute Resolution webinars. The key fact which I want to put right at the top of this article is that 2,340 viewers … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Outsourcing, Part 31 CPR, Predictive Coding | Leave a comment

Another indemnity costs order for eDisclosure failures

By coincidence, we have a second UK judgment in a few days which ends with indemnity costs being paid by a party for failing to comply with its disclosure obligations.  Mr Justice Akenhead’s judgment in Phaestos Ltd & Anor v … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

The CPR Standard Disclosure test is a strict one says the Court of Appeal

Disclosure in UK civil proceedings, with or without an “e” at the front of “disclosure”, is not a game for amateurs, raising serious points about the strict interpretation of a deceptively simple-looking rule as well as practical considerations – and … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation | Leave a comment

Postscript to Dominic Regan interview on Jackson and costs management

The transcript of my interview with Dominic Regan (see Professor Dominic Regan on why the Jackson Reforms mean the biggest ever upheaval for UK litigation) seems to have attracted some attention. There are two follow-up links in which you may … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson | Leave a comment

You do not need the fear of sanctions to get value from legal hold software

I am doing a panel session on Day 2 of the IQPC Information Retention and EDisclosure Managemement Summit with Ronke Ekwensi of Pfizer. Our subject is ESI preparation and preservation: Assessing – and addressing – your eDisclosure Liabilities. One of … Continue reading

Posted in Clearwell, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Legal Hold | Leave a comment

Metadata and Data Exchange Formats in Electronic Disclosure – a US model for a common-sense approach in the UK

UK lawyers are rightly sceptical about the relevance of US e-discovery rulings to their own cases. Occasionally, however, one comes along which is grounded in universally-applicable common sense or which throws light on some basic technological point which has not … Continue reading

Posted in AccessData, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Part 31 CPR | Leave a comment

Levelling out after LegalTech

LegalTech, UK educational sessions and calls from law firms, an LPO conference, Irish eDiscovery, litigation as an invisible export, legal blogging in New York and eDiscovery in Germany all help to pass the time. By and large, I find that … Continue reading

Posted in AccessData, Andrew Haslam, Bribery Act 2010, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, LegalTech, LexisNexis, Litigation, Outsourcing, Symantec, ZyLAB | Leave a comment

Epiq Systems and Huron Consulting as Angels for US-UK e-disclosure play at LegalTech 2011

An “angel” in theatrical terms is someone who puts money into a play or film. Many productions would not happen without such support. I have already mentioned the judicial play which we are putting on at LegalTech and which consists … Continue reading

Posted in Clearwell, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Nuix | Leave a comment

Lord Justice Jackson fights for his costs reforms

An article published yesterday in the Solicitors Journal is headed Jackson LJ demands his reforms are implemented in full. It draws attention to a letter from Lord Justice Jackson, the author of last year’s Litigation Costs Review, to Justice Secretary … Continue reading

Posted in Civil justice, Court Rules, CPR, HM Courts Service, Judges, Litigation, Litigation costs, Lord Justice Jackson, Ministry of Justice | Leave a comment

Big cases coming for big firms – but what about more ordinary litigation?

An article in the Lawyer of 3 January is headed Top firms gear up for action as litigation tsunami hits UK . Perhaps the most interesting point made in it concerns the cost of arbitration with the corollary that the … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Outsourcing | Leave a comment

Clearwell White Paper: the new Practice Direction and e-Disclosure

Clearwell Systems has published on its website a White Paper which I co-wrote with them with the title The New Practice Direction and e-Disclosure: Best practices for Complying Proportionately (registration required). Its purpose is to set out recent developments in … Continue reading

Posted in Clearwell, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support | Leave a comment

International discovery, sanctions, ethics and US-UK comparisons at Georgetown

I was, I think, the only UK speaker (or, indeed, delegate) at the Georgetown Advanced e-Discovery Institute. If the primary reason for going was to talk about US-EU differences, there was progress made too on the continuing US-UK dialogue about … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Two podcasts and a video on electronic disclosure

I have done two podcasts and a video recently which you may find a painless way of absorbing information about electronic disclosure. I was interviewed last week by Karl Schieneman of ESIBytes earlier this week, on an introduction from Mike … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support | Leave a comment

Master Whitaker and Trilantic encourage e-Disclosure in Dubai

There is much emphasis in these pages on the fact that discovery of documents (“disclosure”, for some reason, in England & Wales) is a common law tradition not found in civil law jurisdictions such as those of mainland Europe. We … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR, Trilantic | Leave a comment

Berezovsky v Abramovich – refusal of enhanced disclosure order in the Commercial Court

A decision about edisclosure made in the Commercial Court by Mrs Justice Gloster DBE in August has recently been published on BAILII. The case is Berezovsky v Abramovich , the pleaded sum at stake exceeds US$3.5 billion, and the allegations … Continue reading

Posted in Commercial Court, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Litigation, Litigation costs, Litigation Support | Leave a comment

Roundup of The Masters Conference 2010

“We have been travelling since we saw you last. We have been in America, entertaining the Americans whose need, let’s face it, is greater even than yours. Of course when we’re over there we say that the other way round” … Continue reading

Posted in AccessData, Applied Discovery, Clearwell, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, EU Safe Harbor, Guidance Software, Integreon, KCura, Litigation, Litigation Support, Masters Conference, Nuix, Summation, Trilantic | Leave a comment

London litigation support party coincides with eDisclosure Practice Direction launch

I believe that it was a coincidence that almost the entire UK litigation support industry gathered at the Larder in Clerkenwell on the evening before eDisclosure Practice Direction 31B passed into the rules. I do not mean that the presence … Continue reading

Posted in Court Rules, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Masters Conference, Nuix | Leave a comment

Over-estimating both costs and risks in the eDisclosure Practice Direction

There is a general sense that the eDisclosure Practice Direction has broad acceptance amongst lawyers – those who have read it before commenting on it, anyway. It is not just another CPR burden, nor is it something to fear – … Continue reading

Posted in Case Management, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support, Part 31 CPR | Leave a comment