Category Archives: Part 31 CPR

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

Mitchell and relief from sanctions under CPR 3.9 Part 3: eDisclosure compliance

Two preceding articles have considered the implications of the Mitchell judgment, one in general terms and one more specifically, with a look at alternative approaches which we might see from the courts. This third post looks at what the disclosure … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR | Leave a comment

7th eDisclosure Forum in London on 15 November. Are you ready to benefit from the new eDisclosure rules?

The reforms consequent on Lord Justice Jackson’s recommendations will take effect in April 2013. A conference taking place in London on 15 November will focus on those which relate to eDisclosure, stressing the benefits which will flow to lawyers and … Continue reading

Posted in AccessData, Autonomy, Discovery, eDisclosure, eDiscovery, Electronic disclosure, First Advantage, Lord Justice Jackson, Part 31 CPR, Thomson Reuters, ZyLAB | Leave a comment

Content Obesity: an interesting parallel between human and corporate health problems

I have two reasons for referring you to an interesting pair of articles by IBM’s George Parapadakis on his personal blog For what it’s worth…. One is that they introduce an interesting parallel between growing data volumes and a medical … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, IBM, Information Governance, Part 31 CPR | Leave a comment

Interview with James Moeskops of Millnet on Predictive Coding

In the light of Judge Peck’s Da Silva Moore Opinion approving the use of predictive coding in US Federal civil proceedings, I recently interviewed James Moeskops of Millnet about the use of this technology in English courts. The result is … Continue reading

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

Greg Wildisen of Epiq Systems on Predictive Coding in UK eDisclosure

The Society for Computers and Law has published on its website an article by Greg Wildisen, International Managing Director at Epiq Systems with the title E-disclosure: Training Technology. Epiq offers predictive coding through the integration of Equivio’s Relevance product into Epiq’s … Continue reading

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

Disclosure and eDisclosure – filming a video primer with Dominic Regan

I took part in a video webinar with LexisNexis this week, part of their rolling programme of Butterworth’s Dispute Resolution webinars. The key fact which I want to put right at the top of this article is that 2,340 viewers … Continue reading

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

Plenty happening in eDiscovery for the beginning of 2012

If Friday’s flurry of activity on my Google+ page and on Twitter suggests catch-up and deck-clearing then that is exactly what it was. The Google+ page was set up for short snippets which, whatever weight they actually deserved, were not … Continue reading

Posted in Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Hobs Legal Docs, Huron Consulting, iCONECT, Nuix, Part 31 CPR | Leave a comment

Who explains eDisclosure sources to the lawyers and the court?

An article by US lawyer and eDiscovery expert Jon Resnick of Applied Discovery has application in UK proceedings as well as in the US. Who on your side actually understands where the client’s data is and what is involved in … Continue reading

Posted in Applied Discovery, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Lord Justice Jackson, Part 31 CPR | 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

Metadata and Data Exchange Formats in Electronic Disclosure – a US model for a common-sense approach in the UK

UK lawyers are rightly sceptical about the relevance of US e-discovery rulings to their own cases. Occasionally, however, one comes along which is grounded in universally-applicable common sense or which throws light on some basic technological point which has not … Continue reading

Posted in AccessData, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Part 31 CPR | Leave a comment

LDM Global webinar on 27 January – Sampling for Dummies: Applying measuring techniques in ediscovery

We all have a notion of what “sampling” means. My dictionary defines it as a “small separated part of something illustrating the qualities of the mass”. In electronic disclosure / e-discovery terms it can be useful at an early stage … Continue reading

Posted in Discovery, eDisclosure, eDiscovery, Electronic disclosure, LDM Global, Litigation Support, Part 31 CPR | Leave a comment

International discovery, sanctions, ethics and US-UK comparisons at Georgetown

I was, I think, the only UK speaker (or, indeed, delegate) at the Georgetown Advanced e-Discovery Institute. If the primary reason for going was to talk about US-EU differences, there was progress made too on the continuing US-UK dialogue about … Continue reading

Posted in Court Rules, Courts, CPR, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Master Whitaker and Trilantic encourage e-Disclosure in Dubai

There is much emphasis in these pages on the fact that discovery of documents (“disclosure”, for some reason, in England & Wales) is a common law tradition not found in civil law jurisdictions such as those of mainland Europe. We … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR, Trilantic | 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 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

IQPC the best London e-disclosure conference again

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

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

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

Structured data is neither as easy nor as difficult as it sounds

Lawyers tend to overlook structured data. If they think of it at all when giving disclosure, it goes into the box marked “too difficult to deal with”. A decision that it is disproportionate to handle it may be right, but … Continue reading

Posted in Attenex, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, Litigation Support, Part 31 CPR, Regulatory investigation, RingTail, Structured data | 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

More coming on the Shoesmith – Ofsted – Balls e-Disclosure fiasco

We do not really do breaking news here, but rumour reaches me that we may hear more today about Ofsted’s disclosure failures in Sharon Shoesmith’s application for judicial review of the decision to dismiss her. Even as I write, apparently, … Continue reading

Posted in CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Part 31 CPR | 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

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

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

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

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

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

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

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

Containing the interest in the eDisclosure Practice Direction and ESI Questionnaire

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

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

Letter in the Times about destruction of ESI

Amongst my predictions for 2010, published on the website of the Society for Computers & Law on 21 December, was this one: Another side-effect of the Earles judgment will be a debate as to what the law of preservation and … Continue reading

Posted in Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, eDisclosure, eDiscovery, Electronic disclosure, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

The e-Disclosure Information Project in 2009 and 2010

My e-Disclosure predictions for 2010 are up on the website of the Society for Computers and Law. I have not checked back to my previous years’ SCL predictions, but I think that this batch have much more, and much better-grounded, … Continue reading

Posted in Court Rules, CPR, Data privacy, Data Protection, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, IQPC, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Strategic alliance allows 7Safe to host Anacomp’s CaseLogistix

What is the seating etiquette if you go to a wedding knowing both parties? Do you have to make an invidious choice between one side of the church and the other? Perhaps you sit in the aisle or hang from … Continue reading

Posted in 7Safe, Anacomp, CaseLogistix, Court Rules, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Litigation, Nuix, Part 31 CPR | Leave a comment

Parallel and cross-border developments in handling electronically stored information

The second session at the Thomson Reuters Fifth Annual e-Disclosure Forum in London on 13 November was called Parallel and cross-border developments in handling electronically stored information. I was the moderator, although if Air Miles were the qualification for talking … Continue reading

Posted in Brussels, Court Rules, Data privacy, Data Protection, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, EU, FRCP, Part 31 CPR, Thomson Reuters | Leave a comment

Welcome to Stratify as new Project sponsor

I am very pleased to welcome electronic discovery software company Stratify as a sponsor of the e-Disclosure Information Project. Their addition to the list of sponsors coincides with the opening of their London office and data centre, as well as … Continue reading

Posted in Case Management, Discovery, Document Retention, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Iron Mountain Stratify, Litigation, Litigation costs, Litigation Readiness, Part 31 CPR, Thomson Reuters | 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, Iron Mountain Stratify, Judges, Litigation, Litigation Readiness, Part 31 CPR, Thomson Reuters | 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

Discovery explorers need a map

You can kill an analogy with overuse, just as every cliché was once a clever new phrase. Describing e-discovery / e-Disclosure in terms of explorers and maps, however, does not become hackneyed, because exploration itself continues to excite and because … Continue reading

Posted in Court Rules, CPR, Discovery, eDisclosure, Electronic disclosure, Forensic data collections, Litigation Support, Part 31 CPR, Raposa Consulting, Stroz Friedberg | Leave a comment

Costs penalty for non-compliance with e-disclosure obligations

A judgment given yesterday by His Honour Judge Simon Brown QC sitting as an Additional High Court Judge in the Birmingham Mercantile Court, will focus minds on the need to comply with the requirements of Part 31 CPR and the … Continue reading

Posted in Case Management, Court Rules, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Mercantile Courts, Part 31 CPR | 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 Anacomp, Autonomy, Autonomy ZANTAZ, 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

Reaching informed agreement that e-disclosure is not needed

Having just published an article about whether electronic disclosure is needed in all cases, I turned to Ralph Losey’s blog to discover that he had just published an article about whether electronic discovery is needed in all cases. We do … Continue reading

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

Outsource edisclosure and share the load

The outsourcing of legal functions is suddenly topical as a result of Rio Tinto’s decision to set up an outsourced legal resource in India and Pinsent Masons’ plan to have first pass litigation review done in South Africa – see … Continue reading

Posted in Court Rules, CPR, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Epiq Systems, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Cooperative hands across the sea

My post about the increasing exchange of ideas between the US and UK on matters of electronic discovery (Preserving the old ways, protecting the new ways) followed a spate of references in US e-discovery commentaries to what is happening in … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Data privacy, Data Protection, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Litigation Support, Part 31 CPR | Leave a comment

Preserving the old ways, protecting the new ways

This column, as you may have noticed, is deeply attached to the old principles of discovery of documents as a means of bringing evidence before the court. It is also a determined advocate of new ways of managing it. The … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Legal Technology, Litigation, Litigation costs, Litigation Support, Part 31 CPR | Leave a comment

Australia at the centre of the discovery world

The default map of the world shows Britain in the middle and near the top, with Alaska at top left and New Zealand at bottom right. Perhaps that is because Europe invented the Greenwich Meridian; maybe it is a legacy … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDisclosure Conferences, eDiscovery, eDiscovery Tools, EDRM, Electronic disclosure, FRCP, FTI Technology, Guidance Software, KordaMentha, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Nuix, Part 31 CPR, RingTail | Leave a comment

Ark Group e-Disclosure Conference 2009

You can generate a lot of notes in six conference days in three countries in nine days and have little time to transcribe them. I am quite good at actually recording what people say, less so at the small but … Continue reading

Posted in 7Safe, Access to Justice, Case Management, Civil justice, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Forensic data collections, Litigation, Litigation Support, Lord Justice Jackson, Part 31 CPR | Leave a comment

Making a play to sugar the e-disclosure pill

In a previous post (The discovery of disclosure commonality with a trans-Atlantic judicial panel)  I told how IQPC had, at my suggestion,  invited US Magistrate Judge John Facciola and Chief US Magistrate Judge Paul Grimm to come to their Information … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Guidance Software, IQPC, Litigation costs, Part 31 CPR | Leave a comment

Keyword searching for e-disclosure documents is not like using Google

There is no one-size-fits-all answer when deciding what keywords (and what else apart from keywords) to use to arrive at the “right” set of documents for disclosure. You have to educate yourself to know what the court expects. There is … Continue reading

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

Irish discovery rules embrace electronic documents

By happy chance, the discovery rules in Ireland have the same number as those in the Civil Procedure Rules of England & Wales. Order 31 of the Rules of the Superior Courts give the court the power to order discovery … Continue reading

Posted in Court Rules, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Guidance Software, Litigation, Litigation costs, Part 31 CPR | Leave a comment

Catching up with KPMG

Part of the function of the e-Disclosure Information Project is to keep up with what the providers of software and services are doing. Given my emphasis on the human aspects of this business (which recurs in this blog and elsewhere … Continue reading

Posted in Attenex, Autonomy, Autonomy ZANTAZ, Case Management, Clearwell, Commercial Court, CPR, E-Discovery Suppliers, Early Case Assessment, eDisclosure, eDiscovery, Electronic disclosure, FTI Technology, KPMG, Legal Inc, Litigation, Litigation Support, Part 31 CPR, Regulatory investigation | 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

Ark Group Conference 8-9 June 2009

The brochure came out today for Ark Group’s e-Disclosure conference taking place in the Ibis Hotel, Earls Court, London on 8-9 June. The main attraction is Lord Justice Jackson who will be presenting a review of the litigation costs working … Continue reading

Posted in Access to Justice, Case Management, Commercial Court, Court Rules, Courts, CPR, Document Retention, eDisclosure, eDisclosure Conferences, Electronic disclosure, Litigation, Litigation costs, Litigation Support, Lord Justice Jackson, Mediation and ADR, Mercantile Courts, Part 31 CPR | Leave a comment

Law Society Disclosure Seminar in London

I am presenting a two hour seminar in London next Monday 9 March under the auspices of the Law Society. Sponsored by Legal Inc and Millnet, both well-known suppliers of electronic disclosure solutions, this is a nuts-and-bolts review of everything … Continue reading

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

Fannie Mae – be careful what you agree to with e-discovery orders

The American Fannie Mae case shows what can happen if a lawyer unskilled in electronic disclosure agrees to something which is beyond his skills and knowledge. UK judges may baulk at questioning an advocate’s expertise, but they have an absolute … Continue reading

Posted in Case Management, Courts, Discovery, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation costs, Part 31 CPR | 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

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

Ignorance of mainstream technology may cost you

Internet telephony, like litigation technology, is now accessible and affordable. Ignoring VOIP merely passes up the chance to cut your telephone bill. Ignoring litigation technology may cost you rather more. The problems, and the solutions, are the same everywhere A … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, FRCP, Legal Technology, Litigation, Litigation costs, Litigation Support, Part 31 CPR, Recession | Leave a comment

The revolutionary consequences of Digicel

The importance of Digicel v Cable & Wireless lies not in any new law and still less in allocating blame for the outcome. We cannot predict its consequences but what matters is that everyone now knows about the Practice Direction … Continue reading

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

E-Disclosure Information Project first birthday

November marks the first anniversary of what became the E-Disclosure Information Project. It did not have that name when I ran a half-day training session for judges in Birmingham last November but it was effectively launched with that event. This … Continue reading

Posted in Anacomp, Autonomy, Autonomy ZANTAZ, CaseLogistix, CaseMap, Civil justice, Concordance, Court Rules, Courts, CPR, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, Ernst & Young, Forensic data collections, FoxData, Guidance Software, ILTA, Legal Technology, LegalTech, LexisNexis, Litigation, Litigation costs, Masters Conference, OutIndex, Part 31 CPR, Recession, Sellers Legal Services, SEO, Trilantic, Web Sites and Blogs | Leave a comment

Autonomy Early Case Assessment at the Ritz

Most of my speaking engagements are of the nuts-and-bolts, cradle-to-grave variety where I speak for a couple of hours about the issues raised by electronic documents and about how proper use of the Civil Procedure Rules, coupled with an understanding … Continue reading

Posted in Autonomy, Autonomy ZANTAZ, Case Management, Court Rules, Courts, CPR, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation costs, Litigation Readiness, Litigation Support, Part 31 CPR, Recession | Leave a comment

LexisNexis and LDM joint venture

LexisNexis and LDM Global were hosts at a party on 6 November at the Andaz Hotel at Liverpool Street. The occasion was a link-up between them which brings together LDM’s role as a provider of a wide range of legal … Continue reading

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

Birmingham Law Society e-disclosure seminar

A collections expert, a data archive specialist, a commercial barrister and a judge took a Birmingham audience – the second audience there in three weeks – through the stages of data handling, from organising it on the clients’ server, through … Continue reading

Posted in Case Management, CaseMap, CCL-Forensics, CommVault, Court Rules, Courts, CPR, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KordaMentha, LexisNexis, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

How to build and validate effective keyword filters

The use of keywords to cut through large volumes of data is a vital skill. A webcast next week focuses on how time and costs can be saved by the effective use of keywords. If I had a couple of … Continue reading

Posted in Discovery, E-Discovery Suppliers, eDisclosure, Electronic disclosure, Litigation Support, Part 31 CPR | Leave a comment

Guidance Software launches Real eDiscovery

Guidance Software has produced the first edition of a new quarterly magazine called Real eDiscovery. The costs and risks of compliance with the demands of litigation discovery and regulatory investigations were going up the corporate agenda even before the recession … Continue reading

Posted in Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, Guidance Software, Litigation, Part 31 CPR | Leave a comment

Getting disclosure information out of SharePoint

I was interviewed last week by one of the big computer magazines about the ever more ubiquitous Sharepoint – Microsoft Office SharePoint Server (MOSS) to give it its full name. The context, unsurprisingly given my own area of practice, was … Continue reading

Posted in Autonomy, Autonomy ZANTAZ, Court Rules, CPR, Disclosure Statement, Discovery, Document Retention, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Betting on certainties in the information war

The odds on gaining improved information management from the recession are better than those on offer for Peter Mandelson’s resignation before the next election. The war to tame the information needed for litigation and regulation, like other wars, will breed … Continue reading

Posted in Case Management, Civil justice, Court Rules, CPR, Document Retention, Legal Technology, Litigation, Litigation Readiness, Litigation Support, Part 31 CPR | 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, XBundle | Leave a comment

Discovery of Australian and US connections

The purpose of the e-Disclosure Information Project is to assimilate and disseminate information about electronic discovery / disclosure. As you may conclude from my silence on this site for a fortnight, I have been doing more assimilating and less dissemination … Continue reading

Posted in Court Rules, Courts, CPR, Discovery, eDisclosure, eDisclosure Conferences, eDiscovery, EDRM, Electronic disclosure, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Take the best and discard the worst from US litigation

The Vikings brought with them some habits which were deplored by their hosts, but they also brought technology which we turned to our advantage. We do not much like some of the practices in US civil courts, but we can … Continue reading

Posted in Attenex, Autonomy, Case Management, Clearwell, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Ernst & Young, FRCP, Iron Mountain Stratify, KCura, KPMG, Legal Technology, Litigation, Litigation Support, Part 31 CPR | Leave a comment

Practical Guidelines for e-Disclosure Management

Litigation solicitors in private practice and in-house lawyers would have done well to be at the Ark Group conference last week. Run over two days within spitting distance of the Tower, it had the title Adopting Practical Guidelines to e-Disclosure … Continue reading

Posted in Anacomp, Autonomy, Autonomy ZANTAZ, Case Management, CaseLogistix, CaseMap, Court Rules, Courts, CPR, Data Protection, Discovery, DocuMatrix, Document Retention, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, Guidance Software, LDM, LexisNexis, Litigation Readiness, Litigation Support, Part 31 CPR | Leave a comment

Meeting FoxData properly at last

Nearly a year after FoxData agreed to be the first sponsor of the e-Disclosure Information Project, I have at last been to see the company’s premises and met Ian Manning properly The order in which logos appear beside these pages … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, Forensic data collections, FoxData, KPMG, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Meeting people is right

Before you entrust your clients’ disclosure documents to a litigation support provider, it is worth getting to know a few, and that means real human contact, not just reading up about them. Meetings do not have to involve sitting round … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, E-Discovery Suppliers, eDisclosure, eDiscovery, Electronic disclosure, KCura, Legal Technology, Litigation Support, Part 31 CPR | Leave a comment

Catching up will have to wait

I had hoped by now to have written up the talks which HHJ Simon Brown QC and I gave to two groups of judges in the last two weeks, but time is against me and a short summary will have … Continue reading

Posted in Australian courts, Case Management, Court Rules, Courts, CPR, Discovery, DocuMatrix, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Epiq Systems, FoxData, FRCP, Litigation Support, Part 31 CPR | Leave a comment

E-Disclosure conferences give plenty to think about

Those who expect a daily addition to this collection of notes and essays (and I know there are a few such) may have wondered if I have run out of things to say from the paucity of posts recently. Far … Continue reading

Posted in Case Management, CaseMap, Commercial Court, Court Rules, CPR, Disclosure Statement, Discovery, E-Discovery Suppliers, eDisclosure, eDisclosure Conferences, eDiscovery, Electronic disclosure, Ernst & Young, KPMG, LexisNexis, Litigation Support, Part 31 CPR, The Lawyer, Trilantic | Leave a comment

The Court of Appeal on the scope of disclosure

Nichia Corporation v Argos may have been a patent case, but the sum involved was not very big and the principles as to proportionate disclosure and judicial case management are applicable everywhere The ideal in legal commentary is that you … Continue reading

Posted in Case Management, Court Rules, Courts, CPR, Discovery, Part 31 CPR | Leave a comment