Litigation Letter

Abela and ors v Hammonds Suddards and ors Ch D 2 December; Lawtel 9 December

Recognition has to be given to the potential value of electronic searches in identifying important documents which might otherwise be missed. Nevertheless, what was generally required under standard disclosure was a reasonable search. The rule did not require that no stone should be left unturned and the court, not the disclosing solicitor, was ultimately the decision-maker as to what was reasonable in the circumstances, Digicel (St Lucia) Ltd v Cable & Wireless Plc [2008] EWHC 2522 (Ch) applied. The width of the search of electronic records for which the claimant contended was potentially very onerous and not reasonable. However, some form of search was to be undertaken, and counsel were invited to make further submissions on the question of how electronic disclosure was to be approached.

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