DEVELOPING E-DISCOVERY BEST PRACTICES FOR THE LEGAL DEPARTMENT
CD: What impact does e-discovery have on the commercial dispute resolution process?
Blaxell: In the UK, e-disclosure plays an essential part in the dispute resolution process, as electronic evidence is central to any modern factual review exercise. However, as data volumes continue to grow, widespread concerns have been voiced by the judiciary, court users and practitioners about the perceived excessive costs, scale and complexity of electronic disclosure and its impact on efficient, proportionate access to justice. Proposals for a disclosure pilot in the business and property courts in England and Wales seek to resolve these concerns. The proposals include a new, strengthened disclosure regime that will require parties to focus on the issues of a dispute at the very start of litigation and the introduction of issue-based disclosure that will, in some circumstances, radically reduce the volume of information that is required to be disclosed.
Apr-Jun 2018 issue