Disclosure – the risks after Digicel and Hedrich

Price: £125.00 (£ 146.88 Incl. VAT)
Start Date: 09-03-2009
CPD hours: 2.00
Event type: CPD Seminars
Location: London
The Law Society, 113 Chancery Lane
Region: Greater London
United Kingdom

4.00-4.30pm – Registration & refreshments    4.30-6.30pm -  Seminar.   

2 hours CPD

 

The courts are adopting a more rigorous approach to disclosure under Part 31 CPR. Disclosure increasingly means electronic disclosure, so the subject sits at the cross-roads of two subjects – the rules and the technology.

 

2008 brought three important cases involving e-disclosure. In Digicel, a party was forced to redo much of its disclosure and to co-operate as to the scope of further disclosure. Abela re-iterated the duty to co-operate and emphasised the requirement to bring an informed technical understanding to the court in the absence of agreement. In Hedrich, a solicitor narrowly beat off a wasted costs order for his disclosure failures.

 

Disclosure is often the biggest single costs element in cases of all sizes. Judges are increasingly aware of the need to contain the costs within proportionate bounds, of the power which the rules give them to achieve this, and of the technical solutions which are available. Solicitors who practice litigation have a professional duty to understand both the rules and the technical implications which arise in handling electronic documents proportionately.

 

Why attend?

Understand the new expectations from the courts as to disclosure, the problems inherent in electronic document collections of whatever size, and the solutions which exist to help with them.

 

The session will include:

·         The formal disclosure obligations as applied to electronic documents

·         Documents and the Practice Direction to Part 31 CPR

·         The management and discretionary powers of the court

·         The Case Management Conference – preparation and tactics

·         The resources, tools and services to help with e-Disclosure

·         Examples of e-disclosure applications

·         The professional implications – the scope of the duty and risk management factors

·         The implications of the Digicel, Hedrich and Abela cases of 2008

·         Data exchange

·         Future developments, including the proposed new Technology Questionnaire and Practice Direction

·         Implications of Lord Justice Jackson’s Review Litigation Costs

 

Who should attend?

Litigation practitioners, those responsible for practice development and practice management in law firms; in-house lawyers responsible for litigation readiness and instructing outside lawyers.

 

Speaker

Chris Dale qualified as a solicitor in 1980 after reading History at Oxford.   In 1993 he became a consultant working with lawyers and with suppliers on e-disclosure projects. . His primary focus is on training and education aimed at raising awareness of the time and costs savings which e-disclosure brings, on the commercial and tactical advantages of being ready for litigation, and on what should be done in anticipation of disputes.

 

He runs the e-Disclosure Information Project which both reports on and influences developments in e-disclosure for corporate clients, lawyers, suppliers and judges.  He is a member of Senior Master Whitaker’s drafting committee working on the new Technology Questionnaire and a proposed e-disclosure Practice Direction. He writes and talks widely on the subject, internationally as well as in the UK.  His web site and blog are the primary source of objective information on e-Disclosure in the UK and he is a respected authority in other common jurisdictions which require disclosure of documents.

 

Chris was previously a developer of litigation software and is an expert in conversion of data between litigation systems. Before that, he was a litigation partner in a London firm of solicitors

Exclusive sponsors

Millnet

Legal Inc

Enquiries to: 020 7316 5700

 

 

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