Category Archives: Courts

InnoXcell conference in Hong Kong in April 2014 Part 1

These photographs below were taken at the InnoXcell Big Data Symposium in Hong Kong in April 2014. It is, I appreciate, a little late to be publishing photographs of an event which took place so long ago. My excuse, if … Continue reading

Posted in Hong Kong | Leave a comment

LegalTech Hong Kong on 2 March – a video introduction

The third Legaltech Hong Kong takes place on 2 March at the JW Marriott in Hong Kong. As always, the agenda is broad, running across a wide range of the challenges which face lawyers in the Asia-Pacific region. I recently bumped … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hong Kong, ILTA, LegalTech | Leave a comment

Richard Susskind and the CJC recommend online dispute resolution – but can the MoJ deliver?

Professor Richard Susskind has been a long-time and eloquent proponent of alternative ways of settling disputes through the use of both technology and procedural amendments. His picture of arguments being resolved by people in fancy dress in wooden-walled courts has … Continue reading

Posted in Courts, eDisclosure, Electronic disclosure, Litigation | Leave a comment

Dispute resolution in Singapore and Hong Kong – a turn-of-the-year round-up

It is time that I did a review of eDiscovery developments in the Asia-Pacific region, and particularly the common law jurisdictions of Hong Kong and Singapore. It is perhaps only from half a world away that one lumps Hong Kong … Continue reading

Posted in Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hong Kong, Singapore | Leave a comment

Identifying opportunities at the second ALM – ILTA Legal Technology Summit in Hong Kong

ALM and ILTA brought their second Asia Legal Technology Summit to Hong Kong in March. I make no apology for reporting on this event several weeks after it took place. I went on a long trip to the US almost immediately … Continue reading

Posted in Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Hong Kong, Nuix | 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

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

The Commercial Litigation Association of Ireland launches a Good Practice Discovery Guide

As will be clear from other references on this site, I am interested in developments in discovery practice in any jurisdiction for which eDiscovery is required by the rules of local civil procedure. My most recent involvement in this respect … Continue reading

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

Washington and New York to Mitchell via privacy, Singapore and Lobachevsky

The problem with running a website which offers news and updates is that people notice when it lies silent – the essence of news is that it is new. In fact, I have never aspired to timeliness and, as I … Continue reading

Posted in Chris Grayling, Commercial Court, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, LegalTech, Ministry of Justice, Nuix, Singapore, ZyLAB | 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

Second Annual New Zealand eDiscovery Conference on 19 March 2014

New Zealand is quietly getting on with improvements to its civil procedure rules, supplementing its Discovery Rules of 2012 with a new Electronic Bundles Practice Note. Andrew King of eDiscovery Consulting in New Zealand has announced the date for the … Continue reading

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

Article from Mayer Brown JSM on eDiscovery developments in Singapore and Hong Kong

For those who missed it, I referred in a recent article to plans by the Hong Kong judiciary to bring forward a practice direction for the management of electronic information in civil proceedings, starting with the Commercial List. As I … Continue reading

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

Hong Kong judiciary working on a pilot scheme for management of electronic documents

I mentioned when I got back from Hong Kong that the eDiscovery roundtable organised by Epiq Systems and Asian Legal Business had been told of an interesting development – that the Hong Kong judiciary are working on a pilot scheme … Continue reading

Posted in Court Rules, Discovery, eDiscovery, Epiq Systems, Hong Kong | Leave a comment

Hong Kong (again) with Epiq and pending events with iCONECT, Cicayda and kCura

I have just been back to Hong Kong, this time to moderate a panel of litigation lawyers brought together by Thomson Reuters’ Asian Legal Business and by Epiq Systems. Epiq’s Celeste Kemper was in the chair. Our agenda was cut … Continue reading

Posted in Cicayda, Consilio, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Hong Kong, KCura, Relativity | Leave a comment

eDiscovery in New Zealand – the requirements of the Discovery checklist

As in the UK and other jurisdictions, civil litigation in New Zealand is increasingly focusing on agreement and cooperation, enforced if necessary, between the parties as to the scope and execution of eDiscovery. An article called Reinforcing the requirements of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, New Zealand | 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

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

Good Practice Guide to eDiscovery in Ireland

Irish civil litigation requires discovery and therefore electronic discovery. An informal group called The eDiscovery Group of Ireland has been working for some time on a Good Practice Guide to Electronic Discovery in Ireland, and Version 1.0 was published recently. … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ireland | 1 Comment

A Hong Kong eDiscovery snapshot in the company of Epiq Systems

On the surface, my area of professional interest looks pretty narrow. When I launched the eDisclosure Information Project, its proposed scope was implied by the word “eDisclosure” – only the civil jurisdiction of England and Wales uses the term “disclosure”, and … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Hong Kong, iCONECT, KCura, Singapore | Leave a comment

The main messages from eDiscovery Ireland 2012 in Dublin

I have written an introductory piece which gave a context to the excellent eDiscovery Ireland 2012 conference which took place last week in Dublin – see eDiscovery in Ireland – coming from behind gives opportunities to get it right. The overall … Continue reading

Posted in Cernam, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Ernst & Young, Huron Legal, Ireland, Predictive Coding, ZyLAB | Leave a comment

eDiscovery in Ireland – coming from behind gives opportunities to get it right

There is a long-running quiz in the Sunday Times called Where Was I? Geographical, historical and literary information is given and two questions are asked, one of which is usually “Where was I?”. Let’s try the same with the conference … Continue reading

Posted in Cernam, Discovery, E-Discovery Ireland, eDisclosure, eDiscovery, Electronic disclosure, Ireland | 1 Comment

No disclosure in New South Wales Equity Division without exceptional circumstances

I have referred before to Practice Note SC EQ 11 in the Equity Division of the Supreme Court of New South Wales. Its key paragraph reads as follows: The Court will not make an order for disclosure of documents (disclosure) … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, IQPC Exchange | Leave a comment

Epiq Systems: document review in Hong Kong, Zoom from Equivio and covered in eDJ

eDiscovery provider Epiq Systems seems to be popping up all over the place at the moment. Grouping the various sources together has the benefit, for me as well as for them, that those new to this subject can see how … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, Hong Kong, Predictive Coding, Technology Assisted Review | Leave a comment

Notes from Hong Kong: comparative eDiscovery regimes

This is a continuation of a series of roughly chronological mini-posts following my recent visit to Hong Kong. Craig Carpenter of Recommind was the moderator of a panel comprising Browning Marean of DLA Piper, Jeff Lane, a partner at King … Continue reading

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

Singapore seeks SaaS discovery solution as London barristers set up shop there

The two subjects which comprise my heading are not directly related to each other save that they both point to Singapore’s continuing consolidation as a dispute resolution centre. The Singapore Academy of Law is inviting proposals from companies able to … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Lord Justice Jackson, Ministry of Justice, Singapore | Leave a comment

Australia, New Zealand and Hong Kong claiming eDiscovery attention

Australia, New Zealand and Hong Kong only look close together when viewed from a long way away. They all have a common law eDiscovery tradition, but it is coincidence of timing rather than any specific commonality which groups them together … Continue reading

Posted in AccessData, Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, New Zealand, Nuix, Recommind, Singapore | Leave a comment

New Zealand’s new Discovery Rules and Electronic Discovery

New Zealand introduced new discovery rules in February 2012, making it the most recent common law jurisdiction to exercise closer control over how the lawyers and courts conduct the management of discovery – which inevitably means largely electronic discovery. His … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, New Zealand, SCL | Leave a comment

Jackson – Solicitors must be ready for electronic working

I was sorry not to make it to Lord Justice Jackson’s speech to the Society for Computers & Law this week. Someone will doubtless write a full report in due course, but for now the Law Society Gazette brings us … Continue reading

Posted in Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges | Leave a comment

Taking stock of the eDiscovery world

This is a good moment to pause a little and look around the eDiscovery / eDisclosure world.  The wide range of topics which make this such an interesting field are all getting an airing at once. The stream of useful … Continue reading

Posted in CaseCentral, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Huron Legal, LegalTech, Nuix, Predictive Coding, Singapore, Technology Assisted Review, Xerox Litigation Services | Leave a comment

Late eDisclosure application tacked on to pre-trial review at a cost of £47,000

Court decisions about procedural hearings rarely tell the full story. There may be all sorts of reasons why two good firms of solicitors should find themselves, three months before a 10-day trial, at a pre-trial review onto which had been tacked a … Continue reading

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

The Guardian, the Rolls Building and me

“Fancy you being quoted in Communist paper today!”. Thus read an e-mail received as I was boarding the plane for Nashville. The reference is to an article published in Saturday’s Guardian headed Rolls Building court complex can make London ‘global legal … Continue reading

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

A court-led eDiscovery initiative in Singapore

I thought I had done with Singapore for a bit, at least until October when I am back there for the InnoXcell eDiscovery conference on 31 October. A news item on the Asia Legal Business Online website seems worth passing … Continue reading

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

Rapporteur rounding up the Singapore Electronic Litigation Conference

It was a privilege to be asked to be one of the rapporteurs at the end of the International Electronic Litigation Conference in Singapore. Bryan Ghows of UniLegal LLC spoke to one group and I the other, with ten minutes … Continue reading

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

Senior Master Whitaker raises the eDiscovery stakes for unprepared litigants

You are busy, I know, and here is another 3,000 words to read. I will repeat here at the top the paragraph with which this article ends, as a taster for what Master Whitaker said in his plenary session speech … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Huron Legal, Litigation, Singapore | Leave a comment

The Singapore Electronic Litigation Conference comes to an end

The International Conference on Electronic Litigation came to an end here in Singapore yesterday. I have already given you the core statistics – more than 350 participants from 36 countries. I am staying on until Sunday – as on my … Continue reading

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

Lord Justice Jackson in Singapore: Piloting Civil Justice Reforms

The best judicial advocates of proportionate electronic discovery emphasise that, however significant the costs and other implications of discovery, they are but a part of a wider duty to make justice affordable. That duty is distributed – it lies with … Continue reading

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

Jumping Jurisdictions: EDiscovery from California to Singapore

I am sorry about all those words from my brief stopover in the UK between California and Singapore – 11,100 of them, 1000 per day and one word for every mile flown to get there and back. What is alarming … Continue reading

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

MoJ Consultation on Civil Justice and Bash-a-Burglar: every man for himself replaces access to justice

Lady Hale’s speech on access to justice, the government’s “bash a burglar” scheme, issuing proceedings in Salford, competition from Singapore for dispute resolution as well as banking, eDisclosure and hoods packing heat – all in 2,000 words. A Ministry of … Continue reading

Posted in Access to Justice, Civil justice, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Mediation and ADR, Ministry of Justice | Leave a comment

Australian Discovery Report stresses Case Management, Consistency and Understanding

The Australian Law Reform Commission published its final report Managing Discovery: Discovery of Documents in Federal Courts at the end of May. The net effect of the recommendations is conveniently set out in the final issue of the ALRC’s Discovery … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Litigation | Leave a comment

UK Government bids for a world-class legal reputation whilst neglecting the basics back home

The UK Ministry of Justice has launched a paper called Plan for Growth: Promoting the UK’s Legal Services Sector. The opening, at least, is admirably crisp for a civil service document: It identifies the law as one of Britain’s strengths…. … Continue reading

Posted in Court Rules, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Lord Justice Jackson, Ministry of Justice, Singapore | Leave a comment

ALRC Update on the Australian Discovery Inquiry

Patrick Collins, Senior Legal Officer of the Australian Law Reform Commission, made a presentation at an ediscovery conference in Melbourne last week. I don’t miss many common law ediscovery conferences, but I was not at this one, and I am … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure | Leave a comment

Singapore case – Specific Discovery – Sanae Achar v Sci-Gen Ltd

A new case from the Singapore High Court involves an appeal against an order for specific discovery of documents. The case is Sanae Achar v Sci-Gen Ltd
[2011] SGHC 87  The appellant lost and was ordered to disclose more or less what had … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | 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

E-Discovery / E-Disclosure Predictions for 2011

Metadata, as we all know, is data about data. Perhaps next year we could have predictions about predictions – an article put up at about the beginning of November guessing what the various pundits will include in their list of … Continue reading

Posted in Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation Support, Posse List | 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

Consultation paper on Discovery in Australian Federal Courts

If Lord Justice Jackson’s review of Civil Litigation Costs included the most important summary of disclosure and e-disclosure of 2010, the Australian Law Reform Commission’s Discovery Review will be the key analysis of 2011. The Attorney General’s terms of reference … Continue reading

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

If judges can rate barristers then barristers should be able to rate judges

The Master of the Rolls is considering the idea that judges should rate the quality of the barristers who appear before them, with marks out of ten for various elements in their performance – a kind of Strictly Come Advocating, … Continue reading

Posted in Case Management, eDiscovery, Electronic disclosure, Judges | 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

Lessons from Applied Discovery Proportionality panel in Toronto

It sounds a bit flippant to say that I went to Toronto for breakfast. It certainly would not do as an answer to the immigration official asking the purpose of my visit. Readers with long memories may recall two earlier … Continue reading

Posted in Applied Discovery, Canadian Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support | Leave a comment

A quick eDiscovery trip to Singapore

I got back at dawn this morning from the InnoXcell eDiscovery conference in Singapore. I was only there for the two days of the conference and had only just got back from a one day trip to Toronto to attend … Continue reading

Posted in Applied Discovery, Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation, Litigation Support, Nuix, Recommind, Singapore | Leave a comment