Category Archives: Judges

Seeking judgments on abusive use of disclosure in England and Wales

Note the point towards the end – I am not seeking mere anecdotes about bad disclosure conduct but judgments in which aggressive or abusive disclosure – not just cock-up or incompetence – was punished An interesting question came my way … Continue reading

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

Discussing online courts as we fight about the cost of paper bundles. An institutional shambles

Two recent documents will be of interest to those who are concerned (in the widest sense of the word) with the development of online courts in England and Wales. If you wonder why this is of relevance to my generally ediscovery-focused … Continue reading

Posted in Access to Justice, Court Rules, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Ministry of Justice | Leave a comment

Interview with Judge Dory Reiling of the Amsterdam District Court

Judge Dory Reiling of the Amsterdam District Court is a well-known advocate of the use of technology to help both lawyers and courts deliver justice efficiently and at an acceptable cost. Among many other things at the frontiers between law … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDiscovery, Judges | 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

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

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

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

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

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

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

Time spent telling judges about their use of social media could be better spent on eDisclosure

Recent guidance from the UK’s Senior Presiding Judge and the Senior President of Tribunals fired a warning shot over the bows of judges who blog, a term which they helpfully define as being “derived from the term ‘web log’”. The … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Social Media | 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

UK and US EDisclosure / EDiscovery and Compliance Commonality at IQPC London

There was something for everyone at the IQPC Document Retention and EDisclosure Management Summit in London this week. The Bribery Act gave added incentive for those responsible for information management within organisations; at the other end of the process, prosecutors … Continue reading

Posted in AccessData, Bribery Act 2010, Clearwell, e.law International, Electronic disclosure, Epiq Systems, Ernst & Young, First Advantage, FTI Technology, Guidance Software, IQPC, Judges, Kroll, Litigation costs, Recommind, Symantec, ZyLAB | 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

Planting eDiscovery ideas inch by inch and 
step by step

Every article could cover one more topic, bring in another side-reference, or round out the discussion with another example, parallel or exception.  Sometimes it is best to stick to one core subject. The continent of Europe is so wide,
 Mein … Continue reading

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

Judges and automated coding tools for electronic discovery

I took part this week in a podcast called Will Judges Think It Is Okay To Use Clustering and Suggestive Coding Tools? which was led by Karl Schieneman of ESI Bytes. I was the token Englishman alongside US top-drawer participants … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Predictive Coding, Project Counsel | Leave a comment

6th Annual eDisclosure Forum on 15 November

I am co-chairman, with Browning Marean and George Socha, of the Thomson Reuters / Sweet & Maxwell Sixth Annual eDisclosure Forum on 15 November at Canary Wharf in London. Speakers include Senior Master Whitaker, HHJ Simon Brown QC, Mark Surguy … Continue reading

Posted in AccessData, Court Rules, Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Judges, Litigation Support | 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

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, Litigation Support, Nuix, RingTail | 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, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Judges | 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, Litigation Support, Lord Justice Jackson, Masters Conference, Nuix, Part 31 CPR, Recommind, Trilantic, Women in eDiscovery | Leave a comment

IQPC: I heard your judges’ panel blew the doors off the joint

The quotation in my heading just came in from Gregory Bufithis of The Posse List. The reference is to the judicial panel yesterday at IQPC in London comprising (alphabetically) His Honour Judge Simon Brown QC, US Magistrate Judge John Facciola, … Continue reading

Posted in Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Judges, Litigation Support, Lord Justice Jackson | Leave a comment

Court of Appeal declines to overturn specific disclosure judgment in Fiddes v Channel 4

Those interested in judicial management of disclosure might like to look at the judgment of the Court of Appeal in Fiddes v Channel 4, delivered on 24 March but published on BAILII only on Friday. The case is interesting for … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, 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

Listening to myself talking about e-Disclosure for the IQPC Information Retention and E-Disclosure Summit

I have been listening to a podcast which I made recently for IQPC as part of the run-up to their Information Retention & E-Disclosure Management Summit in London on 17-19 May 2010. It can be accessed from the Summit’s home … Continue reading

Posted in Data privacy, Data Protection, Discovery, Document Retention, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Judges, Lord Justice Jackson | Leave a comment

ILTA Insight 2010: lawyers risk becoming just part of the clients’ process

The most powerful single message from ILTA INSIGHT 2010, held in London yesterday, was that lawyers risk becoming merely part of the clients’ processes in a slot marked “insert lawyer here”. Technology must become part of the lawyers’ business processes, … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, ILTA, Judges, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Free use of Equivio Early Case Assessment Software for up to one million documents

Equivio is offering to make its early case assessment application Equivio>Relevance available to a limited number of participants in what they call the Equivio>Relevance Challenge – see the press release and sign-up page for details. Most lawyers can understand the … Continue reading

Posted in Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | 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, Judges, Litigation, Litigation costs, Lord Justice Jackson, Part 31 CPR, Twitter, Women in eDiscovery | 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

US-UK discovery differences on video at the Masters Conference

I have only just seen a set of short videos which His Honour Judge Simon Brown QC and I made at the Masters Conference last October in Washington. They were made by LegalQB and involved a proper studio with lighting … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Masters Conference | Leave a comment

Georgetown Law: Rudoy on eDiscovery certification – reality or myth?

An article by George Rudoy on the Georgetown Law site, which includes some input from me, reawakens the debate about certification of those who work in eDiscovery. Education on this subject was a key recommendation of the recent UK Jackson … Continue reading

Posted in Autonomy, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FTI Technology, Judges, Lord Justice Jackson | 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, 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

Jackson on Costs Free Webcast: 14 January 2010 at 1pm

This is the full text of New Law Journal’s latest reminder about today’s webcast at 1.00pm GMT New Law Journal will host a live panel discussion on the key proposals and practical implications of Lord Justice Jackson’s final report on … Continue reading

Posted in eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Orange Rag: Scottish Civil Costs Review – a missed opportunity

John Craske, Head of Business IT at Dundas & Wilson LLP has contributed a guest article to the Orange Rag which hints at disappointment in the Scottish Civil Courts Review. I wrote briefly about the Report of the Scottish Civil … Continue reading

Posted in Access to Justice, Courts, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EU, Judges, Legal Technology, Litigation, Litigation Support, Scottish Courts | Leave a comment

How IT can support judicial reform? asks Dutch judge Dory Reiling

How many judges do you know who might write a PhD thesis with the title Technology for Justice: How Information Technology Can Support Judicial Reform, discuss it on her blog, and promise to inform you of its publication by Twitter. … Continue reading

Posted in Access to Justice, Courts, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, IQPC, Judges, Legal Technology | Leave a comment

The Continuing Challenges of Preservation, Collection and Exchange

The first session at the Thomson Reuters e-Disclosure Conference in London last week was called The Continuing Challenges of Preservation, Collection and Exchange. George Socha’s panel included a solicitor, a software provider and a judge – Matthew Davis of Lovells, … Continue reading

Posted in Case Management, Court Rules, CPR, Disclosure Statement, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Part 31 CPR | Leave a comment

Business mixed with pleasure at the Thomson Reuters London e-Disclosure conference

The Thomson Reuters Fifth eDisclosure Forum was sponsored by Autonomy, Stratify and Legastat and, as before, the co-chairs were Browning Marean, George Socha and me. I enjoyed it and, unless they were just being polite, the audience seemed to think … Continue reading

Posted in Autonomy, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legastat, Litigation Support | Leave a comment

Master Whitaker addresses London Solicitors Litigation Association on e-Disclosure

I went to listen to Senior Master Whitaker speak last night to the London Solicitors Litigation Association about electronic disclosure. I was not expecting to hear much that was new to me – I have heard him speak five times … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation costs, Part 31 CPR, Stroz Friedberg | Leave a comment

LexisNexis eDiscovery conference in Singapore

As you might infer from its name, the e-Disclosure Information Project set out with purely national ambitions. England and Wales is the only jurisdiction in the world to give the name e-Disclosure to the process of identifying, preserving, collecting and … Continue reading

Posted in Court Rules, Court Technology, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Judges, LexisNexis, Litigation, Litigation costs, Litigation Support | Leave a comment

Spitting on the deck of the CPR

Unintended consequences are not necessarily unforeseeable. It was wholly predictable that the pre-issue obligations of the 1999 Civil Procedure Rules would shift the battleground to the front end of the litigation, and with obvious consequences in costs. As with the … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, FRCP, Judges, Litigation, Litigation costs | Leave a comment

The British invade Washington again, this time to talk and learn, not burn

To say that electronic discovery is international connotes more than the cross-border ramifications of multi-jurisdictional litigation. There is commonality in the problems, the rules and the solutions, to say nothing of the implications for law firms of new ways of … Continue reading

Posted in Autonomy, CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Summation, Trilantic | Leave a comment

Next stop Singapore for LexisNexis E-Discovery Conference

Practice Direction No 3 of 2009 in the Supreme Court of Singapore is entitled Discovery and Inspection of Electronically Stored Information and took effect on 1 October 2009. I am off to Singapore today to take part in a conference … Continue reading

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

Packed programme for Masters Conference

The 2009 Masters Conference takes place in Washington on 12 and 13 October. Its title, Global Corporate Change – Navigating Discovery, Risk and Security covers only a fraction of the subjects covered in two days. The best part for me … Continue reading

Posted in Autonomy, CaseLogistix, Clearwell, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Guidance Software, Judges, Litigation Support, Masters Conference, Nuix, Part 31 CPR, Recommind | Leave a comment

Scottish Civil Courts Review

One of my aims this evening was to knock out a few words on those parts of the newly-published Report of the Scottish Civil Courts Review as relate to case management and disclosure of documents, before moving on to one … Continue reading

Posted in Access to Justice, Civil justice, Court Rules, Courts, Judges, Scottish Courts | Leave a comment

Information retention at e-Disclosure conference in Brussels

I demonstrated my own commitment to information retention by mislaying my notes of the sessions at IQPC’s Information Retention and E-Disclosure Management Europe Conference in Brussels last week. As with all the best document retention policies, this means that I … Continue reading

Posted in Brussels, Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, FRCP, IQPC, Judges, KPMG, Litigation Support | Leave a comment

Technology and constitutional protection at the Supreme Court

Readers will know that the defence of our democratic rights vies for my attention with efficient case management and the use of technology in litigation. The new Supreme Court combines both of these interests. There is a story of a … Continue reading

Posted in Access to Justice, Civil justice, Civil Liberties, Court Technology, Judges, Supreme Court | Leave a comment

Judicial College gives hope of e-disclosure training

Today’s Times reports on the launch of a new Judicial College which will give judges the opportunity to top up their skills and keep up to date with developments in the law, practice and procedure. The Lord Chief Justice, Lord … Continue reading

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

Judge Facciola on US and UK judicial discovery education

US Magistrate Judge John Facciola has recorded a podcast interview with Sarah Haynes of IQPC. This follows a very successful judicial panel which Guidance Software organised at IQPC’s e-disclosure conference in London in May (see The discovery of disclosure commonality … Continue reading

Posted in Case Management, Courts, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation Readiness, Lord Justice Jackson | Leave a comment

Jackson Litigation Costs Review consultation ends

A few seconds before midnight on Friday, an e-mail arrived from Abigail Pilkington, the Clerk to the Review of Civil Litigation Costs. It was a bit eerie, really. The East Wing of the Royal Courts of Justice is a cavernous, … Continue reading

Posted in Access to Justice, Attenex, Autonomy, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Equivio, FTI Technology, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, RingTail | Leave a comment

Well-justified anonymity of Jackson commentator

I am not sure what to make of an article which I have found on a blog criticising aspects of Lord Justice Jackson’s Preliminary Report on litigation costs. I have a general rule that if I do not have something … Continue reading

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

Woolf v Genn: the decline of civil justice

My post’s heading, Woolf v Genn: the decline of civil justice, is taken from an article in the Times of 23 June 2009 which I missed. I do not altogether blame myself for not seeing it — the people who … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, eDiscovery, Electronic disclosure, Judges | Leave a comment

Lord Neuberger to be Master of the Rolls

It is good news that Lord Neuberger of Abbotsbury is to be the new Master of the Rolls from 1 October (see the Times story here). The Master of the Rolls is the Head of Civil Justice and therefore the … Continue reading

Posted in Civil justice, Courts, Judges, Litigation, Litigation costs, Lord Justice Jackson | Leave a comment

Getting away from it all

I have never been much good at this holiday lark. I can manage the logistics of travel, and I do not suffer from any illusion that the world’s continuing rotation depends on my being at my desk. I can flit … Continue reading

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

Judge Grimm webinar on the Maryland Protocol

When US Chief Magistrate Judge Paul W Grimm was in London for the IQPC Information Retention and e-Disclosure Management Conference recently, he mentioned the Maryland Protocol which he and others have devised for the better handling of electronically stored information … Continue reading

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

Birmingham Post reports on costs management trial

The litigation costs management trial on which I reported a few days ago (Jackson launches costs management trial in Birmingham) has been covered by the Birmingham Post. Their article of 3 June is headed City will be test case for … Continue reading

Posted in Case Management, Civil justice, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Lord Justice Jackson, Outsourcing | Leave a comment

Mock e-Disclosure hearing photographs

For those who have already seen the post about our mock e-disclosure hearing at IQPC last week, I have now added some photographs to it. They and others can also be found here. They were all taken by Sonia Perez … Continue reading

Posted in Case Management, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Judges | Leave a comment

Informed comment in the Times adds to the Woolf rules debate

No sooner had I published my post Have the Woolf reforms worked? yesterday when Jonathan Maas flicked me a link to an article in Times Online on the same subject. It is called Sad and unsatisfactory – but not destroyed … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, eDisclosure, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

Explaining the Procrustean Bed

My post Zander sees his Woolf CPR predictions fulfilled refers you to an article by Michael Zander QC. As an aside, a generation deprived of a classical education may be puzzled by Zander’s reference to a “Procrustean bed”, as I … Continue reading

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

Zander sees his Woolf CPR predictions justified

Michael Zander QC, now Emeritus Professor at the LSE, was a forthright and eloquent critic of the Woolf reforms which led to the Civil Procedure Rules in 1999. Few took much notice of his predictions, least of all Lord Woolf. … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, CPR, Discovery, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Judges, Litigation, Litigation costs, Litigation Support, Mediation and ADR, Part 31 CPR | Leave a comment

Law Society Seminar – Disclosure – the risks after Hedrich

I spoke yesterday at a seminar organised by the Law Society and sponsored by Legal Inc and Millnet. The theme was as foreshadowed in my article Law Society Disclosure Seminar in London and was implicit in the name I gave … Continue reading

Posted in Case Management, Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Judges, Law Society, Litigation, Litigation Support, Millnet | Leave a comment

E-Disclosure Taster Menu in Bristol

I went down to Bristol last week with a group of electronic disclosure suppliers at the invitation of the Western Chancery & Commercial Bar Association. The aim, as in Birmingham last year, was not just to talk about electronic disclosure, … Continue reading

Posted in Autonomy, CaseMap, Court Rules, Courts, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, EDRM, Electronic disclosure, Equivio, Forensic data collections, FoxData, Judges, LexisNexis, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Mercantile Courts, Part 31 CPR, Trilantic | Leave a comment

Mediation – not about just settlement but just about settlement

Professor Dame Hazel Genn QC has launched a stinging attack on the downgrading of civil justice and the promotion of mediation at the expense of the civil litigation system. ADR is a worthy parallel remedy but government promoted it more … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Electronic disclosure, Judges, Litigation, Litigation costs | Leave a comment

Judge Facciola LegalTech messages are for UK as well as US lawyers

There was something almost surreal about the discovery that the LegalTech organisers had failed to record US Magistrate Judge John Facciola’s keynote speech, given that Facciola regularly delivers Opinions castigating parties either for faulty decisions about technology or for technological … Continue reading

Posted in Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs, Litigation Support | Leave a comment

Mancia: interest in US being interested in them

A growing theme on this site which will get more important in 2009 is that electronic discovery in the US is getting to be of more interest to us in the UK. This is not because the English courts are … Continue reading

Posted in Australian courts, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, FRCP, Judges, LegalTech, Litigation, Litigation costs | Leave a comment

Audio recordings of SCL e-disclosure seminar

My article Electronic Disclosure: Meeting the Challenge was a report of a seminar presented by the Society for Computers & Law in October. Janet Lambert, Christine Gabitass and I were the speakers under the chairmanship of Clive Freedman. The sessions … Continue reading

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

Mancia – US discovery lessons for UK lawyers

Many UK lawyers and judges affect disdain for the American way of litigating and, in particular, for the way US lawyers handle electronic documents. The UK lawyers’ perception that e-disclosure is all very expensive not only confuses cause and effect … Continue reading

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

A takeaway of Digicel tips

The old cliches are the best, and it is fair to say that English judgments about the case management of electronic disclosure are like London buses at the moment. After years with hardly any any reported cases, we have had … Continue reading

Posted in Case Management, Court Rules, Courts, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Judges, KPMG, Litigation, Litigation Support | Leave a comment

Getting expert search evidence in front of the court

Yet another important new UK case on electronic disclosure, Abela v Hammonds, reaches me whilst I am listening to a US webinar about searching. The theme of both is knowledge, understanding and expertise – and co-operation to arrive at a … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, H5, Judges, Litigation, Litigation costs, Litigation Support | Leave a comment

Reviewing the Commercial Court Recommendations

The risk that contentious work might shift to arbitration or to other jurisdictions such as Germany is reason enough for us to fight to keep it here. The Commercial Court Long Trials Recommendations may have had too wide a focus. … Continue reading

Posted in Australian courts, Case Management, Civil justice, Commercial Court, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges, Litigation, Litigation costs, Litigation Support, Outsourcing, Part 31 CPR | Leave a comment

What exactly is it that you do?

A career devoted to court rules and electronic documents is not an instant turn-on for dinner party conversation. The subjects are, however, important ones for businesses beyond those which actually work in litigation, and the rate of change is increasing … Continue reading

Posted in Autonomy, Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Judges, Legal Technology, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Millnet | Leave a comment

Birmingham barristers see e-disclosure applications

A seminar in Birmingham allowed an audience of lawyers to see some of the applications used to handle electronic disclosure topped and tailed by some explanation of the litigation context. It was not just a trade show but a visual … Continue reading

Posted in Case Management, CaseMap, Court Rules, Courts, CPR, Disclosure Statement, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Epiq Systems, FoxData, Judges, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR, Trilantic | Leave a comment

Case law at last on scope of reasonable search

We at last have a reported case on the scope of a reasonable search for electronic documents and on the duty of parties to co-operate. You do not need case law to validate a clear rule, but Digicel (St Lucia) … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Disclosure Statement, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Judges | Leave a comment

What will recession do for civil justice?

I nearly did Gordon Brown an injustice last night. My notes for a talk to be given in Birmingham included the observation that “our weasel-worded Prime Minister has not yet found the guts to admit that we are in or … Continue reading

Posted in Case Management, Civil justice, Court Rules, Courts, CPR, Judges, Litigation Readiness, Litigation Support | Leave a comment