Category Archives: Litigation

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