Electronic disclosure, or eDisclosure, is now the every-day fare of all practicing lawyers in England and Wales, in the same way as electronic evidence and electronic signatures. Lawyers now deal with the complexities of these topics every day. Litigation and eDisclosure now go hand-in-hand.
Although the members of the judiciary took up the challenge and set out guidance and rules relating to eDisclosure some years ago, nevertheless, the case law suggests that many lawyers remain blissfully unaware of these three important topics: eDisclosure, eEvidence and eSignatures.
The aim of this concise guide is to set out the case law relating to eDisclosure in England and Wales, and to indicate how judges have approached the problems of eDisclosure in both civil and criminal proceedings. This work does not purport to be comprehensive.
Chapter 1 Introduction
Chapter 2 General principles
Chapter 3 Search orders
Chapter 4 Pre-action disclosure
Chapter 5 The duty to cooperate
Chapter 6 Proportionality
Chapter 7 Case management conference
Chapter 8 A reasonable search
Chapter 9 Metadata
Chapter 10 Keyword searches and technology assisted document review
Chapter 11 Databases
Chapter 12 Date ranges
Chapter 13 Temporary files and deleted data
Chapter 14 Failure to comply with the obligation to disclose documents
Chapter 15 Obtaining disclosure from third parties
Chapter 16 Privilege
Chapter 17 Service
Chapter 18 Criminal proceedings