Avenues to disclosure

The proliferation of electronic documents in business has had a serious impact on commercial litigation: in many cases, dealing with electronic disclosure is one of the most costly elements of trial preparation. In fraud cases, electronic evidence is often paramount. The parties’ respective witness evidence is often completely contradictory and contemporaneous documents can be key in assisting the Court to reach a conclusion as to the correct factual position. Ros Prince of Stephenson Harwood compares disclosure under the Civil Procedure Rules with Norwich Pharmacal relief.