Category Archives: Courts

Xerox Litigation Services – eDiscovery Down Under

Rachel Teisch, VP of Marketing at Xerox Litigation Services, is establishing a pattern of writing short helpful articles about different jurisdictions which are designed to give a brief summary of the most important factors applicable in each. Her article from … Continue reading

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

Jonathan Marshall of Navigant talks about Navigant’s new presence in Hong Kong

Navigant has global clients for a wide range of business functions including those which require electronic discovery and related services. In this video, Jonathan Marshall, a London-based director in Navigant’s Legal Technology Department, talks about Navigant’s new presence in Hong … Continue reading

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

Sir Bernard Eder appointed an international judge at the Singapore International Commercial Court

The idea behind the newly-created Singapore International Commercial Court is to expand the legal services sector and to make Singapore a centre for international dispute resolution. Sir Vivian Ramsey, well-known to anyone concerned with recent developments in civil procedural law … Continue reading

Posted in Judges, Singapore | Leave a comment

Technology Law Conference 2015 in Singapore: the Future of Money and Data

The Singapore Academy of Law is organising a conference to take place in Singapore on 29 and 30 June. It is called Technology Law Conference 2015: the Future of Money and Data. Its theme is that technology offers both utopian … Continue reading

Posted in Cross-border eDiscovery, Data privacy, Data Protection, Data Security, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Singapore | Leave a comment

Catching up with Epiq Systems in Hong Kong

I like to look in on Epiq Systems  when I am in Hong Kong to catch up with what is going on, and I had a meeting on my recent trip with Celeste Kemper, Director of Document Review Services, Asia, … Continue reading

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

The judgment and some newspaper comment on the Irish TAR case

If you read my article TAR-red with the same brush in the US and Ireland, you will have concluded that I had a copy of the judgment in Irish Bank Resolution Corporation Ltd v Sean Quinn and ors about the … Continue reading

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

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

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

Mrs Justice Gloster on disclosure of documents in the Commercial Court

If you wade through all the sex and celebs, fashion, make-up and gossip which comprise the bulk of The Times these days, you can occasionally still find good articles on legal matters, usually written by the excellent Frances Gibb. Their … Continue reading

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

Inquiry blog – Discovery of Documents in Australian Federal Courts

An Inquiry into the law, practice and management of the discovery of documents in litigation before Australian Federal Courts was launched by the Attorney-General in May 2010. I wrote about it at the time (see Terms of Reference for Australian … Continue reading

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

Discovering new methods of persuasion

As you know, part of my role is to persuade, and I am always looking out for new ways of getting people to consider how best to handle electronic documents. It is the mere consideration which matters – no-one is … Continue reading

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

Australian ediscovery round-up

My conclusion after my recent visit to Sydney was that every jurisdiction which engages in ediscovery thinks that it is behind the others. This is certainly not true of Australia, and  Master Whitaker and I were not merely being polite … Continue reading

Posted in Australian courts, Case Management, Clearwell, Court Rules, Discovery, e.law, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Equivio, Ernst & Young, FTI Technology, KCura, KPMG, Litigation, Litigation Support, Nuix, RingTail | Leave a comment

Collecting evidence for Ofsted and its parallels with e-Disclosure

Here is a nicely ambiguous Google search. My blog stats include a list of the terms which people used to find the site, and one from earlier in the week was “collecting evidence for ofsted”. The search was presumably made … Continue reading

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

Lunch-time talk in Sydney with Nuix and KPMG

Knowing that Master Whitaker and I were going to be in Sydney for the Chilli IQ eDiscovery conference, Eddie Sheehy of Nuix invited us to speak at a lunch organised by Nuix and KPMG. The venue was a room on … Continue reading

Posted in Access to Justice, Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, KPMG, Litigation, Litigation Support, Nuix | Leave a comment

Far and wide eDiscovery at the Chilli IQ conference in Sydney

Sometimes an unconscious theme develops during conferences. Appropriately, perhaps, given the “IQ” element in the organiser’s name, the point which recurred in Sydney was the use of human intelligence in parallel with the processing power and clever technology to get … Continue reading

Posted in Australian courts, Discovery, e.law, Early Case Assessment, eDisclosure, eDiscovery, eDiscovery Tools, Electronic disclosure, Equivio, FTI Technology, Judges, KPMG, LDM, Litigation Support, Nuix, RingTail | Leave a comment

Chris-crossing the globe for e-discovery

Sorry for the silence. It has been a bit busy here – not just “here” which is Sydney, but in the short gap in England between leaving Las Vegas and setting off for here. It is a brisk sunny morning … Continue reading

Posted in Australian courts, Cats Legal, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation Support | Leave a comment

E-Disclosure in Liverpool with Cats Legal, Epiq Systems and Dominic Regan

I have to take back what I said yesterday about my rail trip to Liverpool. I had expected the usual shambles, those delays with risible explanations and insincere apologies which are the norm on our overcrowded, badly-run rail network. In … Continue reading

Posted in Case Management, Cats Legal, CPR, Digital Reef, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Terms of Reference for Australian Discovery review

I have already reported that the Australian Attorney General has commissioned a review of  discovery laws. We now have sight of the formal Terms of Reference which embed the purpose of the review firmly in the title – “to improve … Continue reading

Posted in Australian courts, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Litigation costs, Lord Justice Jackson, Nuix | Leave a comment

Comment on Singapore Deutsche AG judgment

Vince Neicho of Allen & Overy saw my post about the Singapore judgment of Senior Assistant Registrar Yeong Zee Kin in Deutsche Bank AG v Chang Tse Wen and others (see Singapore e-Discovery judgment shows international commonality and active management) … Continue reading

Posted in Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Judges, Litigation Support, Singapore | Leave a comment

Liverpool EDisclosure event on 3 June

The Liverpool Law Society is host to a three-hour course on electronic disclosure on Thursday, 3 June starting at 13.30 pm. The speakers include Professor Dominic Regan and me, together with litigation software supplier Epiq Systems and litigation services supplier … Continue reading

Posted in Case Management, Cats Legal, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Judges | Leave a comment

International eDiscovery Panel at CEIC

There is one major difference between the general run of discovery problems and those relating to international and cross-border discovery. The former are soluble – competence and co-operation coupled with judicial management would fix most ediscovery problems tomorrow; the trans-jurisdictional … Continue reading

Posted in Applied Discovery, Canadian Courts, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Guidance Software, Litigation Support, Sedona Conference | Leave a comment

CEIC 2010 comes to an end

CEIC 2010 is winding down here in Las Vegas. Whatever measure you take – the quality of the sessions, the opportunity to catch up with people and meet new ones, the sheer numbers of people attending (1,300 or so), the … Continue reading

Posted in Canadian Courts, Case Management, CEIC, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, EU, Forensic data collections, Guidance Software, Ledjit, Litigation Support | Leave a comment

IQPC the best London e-disclosure conference again

The three-day IQPC Information Retention and eDisclosure Management Summit is over for another year. It is the biggest and best conference in the London calendar and one which genuinely aspires to do better each year. Everyone I spoke to seemed … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, FRCP, Guidance Software, IQPC, Judges, LECG, Legal Inc, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery | Leave a comment

A week of change in e-Disclosure as well as in politics

It is not often that you look back over a week or so and know that you will always remember it. Eight days ago, we had the same government as we had had for 13 years; now, not only the … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation Support | Leave a comment

Imminent reform in prospect for Australian discovery process

Reform of the discovery process in Australia is said to be “imminent”, according to an article in the New Lawyer. The article says that the Attorney General has asked the Australian Law Reform Commission to explore options to promote the … Continue reading

Posted in Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Recommind, Singapore | Leave a comment

Recommind webinar: Technology is Changing the Economics of e-Disclosure, Are You Prepared?

My title is the name of a webinar which I am doing with Jason Robman of Recommind on 25 May. Its description reads as follows: The enormous costs and time associated with the e-Disclosure process are staggering, with the document … Continue reading

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

E-Disclosure law, practice and technology in one educational package

The first of the E-disclosure seminars organised jointly by Professor Dominic Regan and me took place yesterday at Ely Place Chambers. Dominic and I were joined by Senior Master Whitaker and by speakers from three technology providers, 7Safe, Legal Inc … Continue reading

Posted in 7Safe, Attenex, Case Management, Court Rules, CPR, Digital Reef, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FTI Technology, Legal Inc, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Singapore e-Discovery judgment shows international commonality and active management

A judgment by Senior Assistant Registrar Yeong Zee Kin in the Singapore High Court last week shows the commonality in court-led management of e-Discovery between common law jurisdictions. The case is Deutsche Bank AG v Chang Tse Wen and others … Continue reading

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

The 2010 Duke Conference on US Civil Litigation

No one with any interest in the US Federal Rules of Civil Procedure could be unaware of the debates which have been going on about the costs of civil litigation and, in particular, of discovery. A conference is being held … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, IQPC, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

A flying visit to Edinburgh

The spate of blog posts last week-end was a clearing of the decks in the knowledge that I would not have much writing time for a bit. The Edinburgh trip which is the subject of this post is being followed … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, LiST, Litigation, Litigation costs, Litigation Support, Raposa Consulting, Scottish Courts, Trilantic | Leave a comment

Vector Investments: successful claimant made to pay for unhelpful disclosure

Is quite rare to come across UK cases where the quality and costs of disclosure become the subject of a reported judgment. In rare cases such as Digicel, Earles or Goodale, disclosure is either the primary subject-matter of the judgment … Continue reading

Posted in Case Management, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

New e-Disclosure articles on the SCL website

The website of the Society for Computers & Law has two new articles about electronic disclosure. One is by barrister Clive Freedman of 3 Verulam Buildings and is called Disclosure: the Proposed Rule Changes. It summarises succinctly the elements in … Continue reading

Posted in Case Management, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

Standards and outcomes: Hitler, the NHS, the police, social workers – and e-Disclosure

My heading, I appreciate, looks like the components of some random word game. There is in fact a connection, and it is to do with the supremacy of result over procedure and of destination over the journey. Hitler, the NHS … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR | Leave a comment

New web site for e.law Asia-Pacific

I can see why it has taken e.law some time to assemble their new website following the acquisition of CCH Workflow Solutions in November 2009. The integrated business now covers a very broad range of activities across a wide geographical … Continue reading

Posted in Australian courts, Discovery, e.law, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation, Litigation costs, Nuix, RingTail | Leave a comment

Spring Offensive in the eDisclosure War

It feels suddenly as if a new phase is opening up in the war to tackle the wasted costs of e-disclosure. If the Rule Committee’s recent failure to grasp the nettle seemed a rebuff, there is a new Spring Offensive … Continue reading

Posted in 7Safe, Case Management, Court Rules, CPR, Data privacy, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, EU, Legal Inc, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Raposa Consulting, Trilantic | Leave a comment

Goodale v MoJ – a template judgment for active management of eDisclosure

The publication of Senior Master Whitaker’s judgment in Goodale v Ministry of Justice is important for reasons beyond the fact that the parties used the ESI Questionnaire which is annexed to the proposed e-Disclosure Practice Direction and which is also … Continue reading

Posted in Case Management, Court Rules, CPR, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Part 31 CPR | Leave a comment

Nuix joins the e-Disclosure Information Project

I am delighted to welcome eDiscovery and electronic investigation software company Nuix as the latest sponsor of the e-Disclosure Information Project. The connection began at the Ark Group eDiscovery conference in Sydney last year when I found myself sitting next … Continue reading

Posted in Australian courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Nuix, Singapore | Leave a comment

E-Discovery and Judicial Involvement in Australia

Project Counsel is the sister site to The Posse List, both run by the ubiquitous Gregory Bufithis. Project Counsel’s web site carried an article on 25th February with the title In Australia, e-Discovery and enhanced judicial involvement come of age … Continue reading

Posted in Australian courts, Case Management, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Posse List, Singapore | Leave a comment

You cannot really complain at a full InBox and lots of tweets

A day in London leaves me with a pile of e-mails and a heap of tweets – all signs of a lively market, and to be welcomed despite the time it will take to catch up. Add a crusading podcast, … Continue reading

Posted in Australian courts, Case Management, Court Rules, CPR, Data privacy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Iron Mountain Stratify, Judges, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Twitter, Women in eDiscovery | Leave a comment

Moving forward on all fronts

I am off today to record a podcast for CPDCast about the e-Disclosure components of Lord Justice Jackson’s report. You may recall that I was booked to do this on the day before the Civil Procedure Rule Committee met to … Continue reading

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

No need to wait for the eDisclosure Practice Direction and Questionnaire – just get on with it

The decision (or, rather, the non-decision) of the Civil Procedure Rule Committee to send the e-Disclosure Practice Direction and EDisclosure Questionnaire off into the sidings of a sub-committee has been the equivalent of coming up behind a funeral cortège whilst … Continue reading

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

Jackson untroubled by delay to e-Disclosure Practice Direction

I do not generally deal in instant news in these pages – considered reflection is more my style and, besides, there is normally a queue of things to write about. At the top of that queue at the moment is … Continue reading

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

There is more to FTI Technology than Attenex and Ringtail

My self-imposed job description involves flitting between all the players in the electronic disclosure / electronic discovery world, picking up information and ideas from one place and dropping them in another. I talk to judges, lawyers and technology suppliers, read … Continue reading

Posted in Attenex, Case Management, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FRCP, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Part 31 CPR, Regulatory investigation, RingTail | Leave a comment

Dominic Regan on the Jackson Report: the word of the moment is momentum

There is a great deal of interest being shown in electronic disclosure amongst UK lawyers at the moment. Some of the activity is reported in my post Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire. That ended … Continue reading

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

Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire

There has been much interest in the draft eDisclosure Practice Direction and the Questionnaire which forms part of it. Lawyers and education providers keep asking for a sight of it. Lord Justice Jackson commended it. Rule-makers in other jurisdictions have … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Women in eDiscovery | Leave a comment

Stratify eDiscovery Super Session panels at LegalTech

I have already mentioned one of the four panels which Stratify is running on Tuesday, 2 February in the Sutton Parlor Center Room at the Hilton in New York. The sessions are as follows: 8.30 Can we have our cake … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Iron Mountain Stratify, LegalTech, Litigation, Litigation Support | Leave a comment

Posse List interview with e.law Asia Pacific: the spike in e-discovery work in Asia

I was speaking in Singapore when news broke of e.law’s acquisition of CCH Workflow Solutions. It added to my general impression (which I was bold enough to turn into a prediction) that the Asia-Pacific region was the place to watch … Continue reading

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

Catching up with the new Ontario E-Discovery Rules of Civil Procedure

I missed the new Ontario E-Discovery Rules of Civil Procedure which came into effect on 1 January. By “missed”, I mean that I knew about them but decided that it was a topic important enough to be put on one … Continue reading

Posted in Canadian Courts, Court Rules, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ledjit, LegalTech, Litigation Support | Leave a comment

First thoughts on the eDisclosure implications of the Jackson Report

The sections relating to disclosure and e-disclosure in the Jackson Report are a call to action for lawyers and judges without waiting for any actual amendment to the Rules. The key element which Jackson identifies is education, and we can … Continue reading

Posted in Access to Justice, Autonomy, Autonomy ZANTAZ, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

New Singapore e-discovery resource

Those who come here often will know that I was in Singapore in October last year shortly after the introduction of their Practice Direction No 3 on Discovery and Inspection of Electronically Stored Information . I had been invited to … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, LexisNexis Singapore, Singapore, Twitter | Leave a comment