Category Archives: Litigation

Xerox Litigation Services: corporate involvement in eDiscovery, TAR implementations and eDiscovery managed services

Gabriela Baron, Esq. is Senior Vice President at Xerox Litigation Services. Xerox Litigation Services offers a range of eDiscovery solutions including software, services and consulting increasingly (as we will see below) to corporate clients. Its software includes the Viewpoint Software, OmniX … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Predictive Coding, Technology Assisted Review, Xerox Litigation Services | 1 Comment

Smailes v McNally again: relief from sanctions refused after serial eDisclosure failures

Just before Christmas, I wrote an article called Smailes v McNally: eDisclosure consequences of failure to comply with Unless Order. It followed the delayed publication of the Court of Appeal’s judgment Smailes & Anor v McNally & Anor [2014] EWCA … Continue reading

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

Civil Litigation Brief is two years old today

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

Posted in CPR, Litigation | Tagged | Leave a comment

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

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

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

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

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

A little CPR as precursor to some eDisclosure cases

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

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

Cardozo School of Law launches Data Law Initiative

The Benjamin N Cardozo School of Law in New York has launched a new programme offering legal training in information governance, electronic discovery, data privacy, social media law and cyber security. Between them, these subjects cover a wide range of … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Information Governance, Litigation | 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

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

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

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

Plebgate costs sanctions judgment to go to the Court of Appeal

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

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

Costs management – relief from sanctions under CPR 3.9

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

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

New costs management litigation budget rules claim Plebgate victim

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

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

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

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

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

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

Breaking the dam: barristers moving in to eDisclosure

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

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

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

Georgina Squire of the London Litigation Solicitors Association has written a concise and practical guide to eDisclosure under the new rules, which has been published in the New Law Journal. It is called A brighter future? (not the first, I … Continue reading

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

Epiq Systems seminar focuses on the new Costs Management rules

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

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

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

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

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

Challenges to meet and not just threats in the Jackson reforms

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

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

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

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

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

Costs management shambles defies parody but case management still has teeth

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

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

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

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

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

Uncertainty means expense as we wait for the Jackson rules

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

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

Costs management: Mr Justice Ramsay describes why it is necessary

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

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

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

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

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

Postscript to Dominic Regan interview on Jackson and costs management

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

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

Indemnity costs awarded where unnecessary costs were incurred

Have a look at the judgment of HHJ Simon Brown QC in Mortgage Agency Services Number Four Limited v Alomo Solicitors. A few lines chosen from the end of the judgment (from paragraph 30) should give you enough the flavour … Continue reading

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

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

Time to take the next steps: a Hong Kong eDiscovery conference

Leaving aside Australian conferences, this was my fourth AsiaPac event. Two years ago, I co-chaired a conference for LexisNexis in Singapore. Shortly after that, Jeffrey Teh and others from LexisNexis set up InnoXcell to bring business events to the region. … Continue reading

Posted in Catalyst, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, FTI Technology, Litigation, Nuix, Recommind | 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

Craig Ball Entertains at CEIC 2011 on Computer Forensics for Lawyers

I choose my words carefully when I write, and nowhere more than in the headings to articles. It took me 10 seconds to decide that the word “entertains” would form part of the heading to this post. “Entertains”, “Forensics” and … Continue reading

Posted in CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Predictive Coding | Leave a comment

E-disclosure Great Debate at The Lawyer

The Lawyer today carries a report by editor Catrin Griffiths of an edisclosure  panel last week hosted by The Lawyer as part of a series of such debates. The panel included Senior Master Whitaker, Phil Beckett of Navigant, and senior … Continue reading

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

Aggressive Transparency and Strategic Cooperation in Electronic Disclosure

Lieutenant Schrank: You hoodlums don’t own these streets. And I’ve had all the rough-house I can put up with around here. You want to kill each other? Kill each other, but you ain’t gonna do it on my beat. … … Continue reading

Posted in Discovery, DocuMatrix, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Equivio, LegalTech, Litigation, Part 31 CPR | Leave a comment

Davis v Grant Park – EDiscovery Sanctions just like the Advantage Rule in Rugby

I am keen on parallels and analogies which help illustrate serious subjects by drawing on historical, fictional,  cultural or any other references which may throw light on (or at least help us to remember) things we ought to know. The … Continue reading

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

Levelling out after LegalTech

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

Posted in AccessData, Andrew Haslam, Bribery Act 2010, CPR, Digital Reef, Discovery, eDisclosure, eDiscovery, Electronic disclosure, IQPC, Iron Mountain Stratify, LegalTech, LexisNexis, Litigation, Outsourcing, 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

Strong UK presence at LegalTech 2011

LegalTech 2011 is only a few days away and the programme is packed. Almost everyone whose name has appeared in these pages is taking part in something, and I will not attempt to list them all. Following on, however, from … Continue reading

Posted in Data privacy, Data Protection, eDisclosure, eDiscovery, Electronic disclosure, Epiq Systems, Huron Consulting, Huron Consulting Group, Integreon, KPMG, Kroll, LegalTech, Litigation, Litigation Support, Thomson Reuters, Trilantic | 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

Richard Susskind’s law firm technology predictions for 2011

A short interview with Professor Richard Susskind on the Legal IT web site gives a packed 12 minutes or so which is well worth listening to at the beginning of the year. E-Disclosure is covered along with iPads, social media, … Continue reading

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

Thomson Reuters 6th eDisclosure Forum in London

It is Friday night as I start writing this. I am in BA’s lounge at Washington Dulles Airport after the two-day Georgetown Advanced eDiscovery Institute. There I took part in an international panel, talked and/or listened to the Who’s Who … Continue reading

Posted in Daegis, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, EMC, Epiq Systems, Litigation, Litigation Support, Thomson Reuters | 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

Two podcasts and a video on electronic disclosure

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

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

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

Roundup of The Masters Conference 2010

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

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

London litigation support party coincides with eDisclosure Practice Direction launch

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

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

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

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

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

E-Disclosure and E-Discovery at home and abroad

I have given my first law firm talks since the Edisclosure Practice Direction became official and have started talking to my sponsors about its implications for them – the questionnaire gives them a useful and early role, if they are … Continue reading

Posted in CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Masters Conference, Sedona Conference, Thomson Reuters | 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

The e-disclosure practice direction and electronic documents questionnaire in tangible form

Since I have been banging on about the “proposed” or “pending” edisclosure practice direction for months now, it is not surprising that everyone seemed to think that I would be the first to know when it had been formally published. … Continue reading

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

E-Disclosure Practice Direction and Electronic Documents Questionnaire – it is official

I have made many references over the last few months to the pending UK e-Disclosure practice direction and to the electronic documents questionnaire which is part of it. The more observant of you will have noticed that I have never … Continue reading

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

Welcome to Clearwell as new sponsor of the e-Disclosure Information Project

It is a great pleasure to welcome Clearwell Systems as the latest sponsor of the e-Disclosure Information Project. Given Clearwell’s present standing in the eDiscovery market, it is hard to realise that it was founded as recently as 2004 and … Continue reading

Posted in Clearwell, Discovery, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Hobs Legal Docs, ILTA, KPMG, Legal Inc, Litigation, Litigation Support, Sedona Conference | Leave a comment

Helping yourself to confidential information in litigation

Two parties, male and female, are engaged in litigation. The lady fears that the man will conceal information about his assets which ought to be disclosed in the litigation, and gets her agents to copy all his personal and business … Continue reading

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

Getting in amongst the lawyers

I referred in my last post (see The Last Lap) to the  law firms which lie below the very biggest and which have the potential to be the standard-bearers for a new approach to managing litigation. Many of their lawyers … Continue reading

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

Recommind webinar: Implications for UK law firms of the Electronic Documents Questionnaire

Recommind are hosting a webinar on Wednesday July 21, 2010 4:00 PM – 5:00 PM BST with the title The UK e-Disclosure Questionnaire – Its Implications for Law Firms. It is the third in a series of webinars which I … Continue reading

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

Goodale v MoJ now has a proper neutral citation number

Senior Master Whitaker’s important judgment in Goodale v Ministry of Justice now has a proper neutral citation number. It is 2009 EWHC 3834 (QB) Handed Down: 5 November 2009. The Claim No is HQ06X03876. Thanks to Master Whitaker for passing … Continue reading

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

How much does a lawyer need to know about electronic documents?

We all make judgements, conscious or otherwise, about the degree of skill or knowledge we need to acquire to conduct our business or, indeed, for everyday living. A number of factors dictate how much we feel that we need to … Continue reading

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

Legal Inc offers secondment of litigation support personnel

Although most providers of litigation support services make their consultants available to law firms to help with projects, Legal Inc has gone one further and effectively set up its own recruitment arm, offering litigation support personnel at all levels. The … Continue reading

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

Keeping up with Equivio

Equivio illustrates the maxim “less is more” in ways which go beyond the purpose of its software, which is “the management of data redundancy in content-centric business processes” . There is something appropriate in the way that a company whose … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Equivio, Hobs Legal Docs, Litigation, Litigation Support, Millnet, Trilantic | 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

Cats at Bacchanalia

Cats Legal kindly asked me to speak at their client event last night. More compelling than me as an attraction, I suspect, was the fact that the venue was Bacchanalia , the specialists in fine Spanish wines, whose premises are … Continue reading

Posted in Cats Legal, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Support | 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

Ark Group eDisclosure conference in London

On my way to London yesterday to chair the Ark Group ediscovery 2010 conference, I read about the deletion of e-mails by an aide to the Qatari royal family (see Guardian article here). The allegation is that 19 e-mails referring … Continue reading

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

Recommind Webinar 16 June – Earles v Barclays Bank

I am doing a webinar with Jason Robman of Recommind on Wednesday 16 June at 16.00 BST. It is called The Impact of Earles v Barclays Bank on UK Corporations. Registration is here. Some of the UK e-Disclosure cases recently … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Litigation, Litigation costs, Litigation Readiness, Recommind | 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

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

Party with a purpose at the poolside

I am told that there is record attendance at CEIC 2010 here in Las Vegas. Putting it like that implies no doubt on my part that the claim is correct, but this place is so vast that you could lose … Continue reading

Posted in CEIC, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, KCura, Litigation, Litigation costs, Litigation Support, Nuix | 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

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

Women in eDiscovery at IQPC on 18 May

It is not too late to sign up for the women in e-Discovery session at IQPC’s Information Retention and e-Disclosure Summit on Wednesday 18 May. The conference itself runs from Monday 17 May and the Women in eDiscovery session takes … Continue reading

Posted in CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation Readiness, Litigation Support, Regulatory investigation, Women in eDiscovery | 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

Recommind research shows UK companies not ready for e-Disclosure

I spent much of today digging out quotations from judgments whose theme was inexcusable e-Disclosure failures, which I need for a paper which I am writing. We have had a run of cases in the UK where significant costs have … Continue reading

Posted in Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Recommind | Leave a comment

Search technology: an intelligent adjunct to the lawyer’s skills, not a black box

An article by H5 on the professionalization of search ties in with my recent suggestion that lawyers and search experts have parallel roles in e-Discovery and that clients, rather than the lawyers, will manage the process. The UK courts have … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, H5, Litigation, Litigation Support | Leave a comment

You have an urgent e-Disclosure requirement NOW. How do you get started NOW?

Although I have long had an interest in disclosure and specifically in electronic disclosure, the sense that there was a mission and a message to promote dates from the IQPC conference in London in May 2007. It was the first … Continue reading

Posted in Discovery, eDisclosure, Electronic disclosure, Litigation, Litigation Support, Posse List, Trilantic | 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

Chris Dale and Dominic Regan on e-Disclosure at Ely Place Chambers on 12 May

Professor Dominic Regan and I will lead a session on electronic disclosure at Ely Place Chambers, 30 Ely Place, London EC1N 6TD on Wednesday 12th May 2010. The event starts at 2.00pm and will run until 5:15pm The Chambers notice … Continue reading

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

Plenty to do in an ever busier eDiscovery market

It is very flattering when people write in to ask if I am all right because they have noted that the number of blog posts is down in a particular week, suggesting as it does that people do not merely … Continue reading

Posted in Brussels, Discovery, eDisclosure, eDiscovery, Electronic disclosure, iCyte, ILTA, IQPC, Litigation, Litigation Support | Leave a comment

Cable & Wireless beats off Digicel claims

Cable & Wireless has beaten off Digicel’s claim that its entry into the Caribbean telecoms market was deliberately and wrongfully blocked by Cable & Wireless. According to an article in the Guardian, Cable & Wireless Communications wins legal war with … Continue reading

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

Al-Sweady v Secretary of State for Defence: blame for e-Disclosure failures gets personal – and public

The Court of Appeal has castigated a Minister, the Treasury Solicitor, and a serving army officer by name, for disclosure failures in a judicial review application derived from the Iraq war. You do not need such an elevated cast of … Continue reading

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

Hear Master Whitaker at ILTA INSIGHT 2010 on 27 April

ILTA INSIGHT 2010 takes place on 27 April at the Grange St Paul’s Hotel.  INSIGHT 2010 is ILTA’s 5th annual event in the UK and brings a pocket-sized and UK-focussed version of the excellent main ILTA conference, which I go … Continue reading

Posted in Court Technology, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, HM Courts Service, ILTA, Legal Technology, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | Leave a comment

A week of positive opportunities in e-Disclosure

There are two reasons for running a week’s worth of reports and comments into a single article. The least meritorious of them is that I will not keep up with it all if I do not do a composite post. … Continue reading

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

Talking rather than writing – normal service will be resumed soon

The relative silence on these pages recently does not imply that I have run out of things to say (sorry about that) merely that I have had a good run of being out and about, or making plans for future … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, 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

7Safe eDiscovery networking event on 15 April

7Safe is holding an eDiscovery networking event on Thursday 15 April at The Hoxton Hotel, 81 Great Eastern Street, London EC2A 3HU at 6.30pm. It is to mark the official launch of their hosting of Anacomp’s CaseLogistix, one of the … Continue reading

Posted in 7Safe, Anacomp, CaseLogistix, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson | 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

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

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

EnCase Portable brings data collection to your desktop

The idea that a law firm might keep a copy of Guidance Software’s EnCase Portable in a drawer for on-the-spot collections leads into a discussion about how much a firm needs to know. I will let Guidance Software speak for … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Litigation costs, Litigation Support | Leave a comment

First law firm commentary on Goodale v MoJ

Congratulations to Tim Constable of Matthew Arnold & Baldwin who seems to have been the first solicitor to get out some information to clients on Senior Master Whitaker’s judgment in Goodale v Ministry of Justice. His article E-disclosure – the … Continue reading

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

Legal Efficiency Supplement in the Times

I mentioned in passing in my post of last night that  I am to interviewed by Dominic Regan for a special report which Raconteur are publishing  on Thursday 25 March in The Times newspaper. Called Legal Efficiency,  it will look … Continue reading

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