E-disclosure

Any organisation that has been embroiled in litigation will know that the process of preparing for disclosure, and disclosing documents to an opponent, can be expensive and time consuming, writes Philippa Bennett of DLA Piper Rudnick Gray Cary. Very often it will be difficult to identify who holds or has access to relevant documents, where these are stored and who is able to comment on them. The disclosure process is also fraught with risk, particularly in fraud cases, where, if a case stands or falls on documentary evidence, it is absolutely essential to locate all the relevant documents and to maintain their integrity. These issues have always been faced by lawyers and their clients in relation to hard copy documents. However, the onset of the electronic age has added new challenges and risks to this process.

Philippa Bennett, is a litigation partner at DLA Piper Rudnick Gray Cary UK LLP. She may be contacted on tel: +44 (0)207 796 6812; email philippa.bennett@dlapiper.com

The new Part 31

The issue of the disclosure of electronic documents in litigation was addressed in 2004 by a Commercial Court working party chaired by the Honourable Mr Justice Cresswell. That report led to amendments to the Commercial Court Guide. It was also the catalyst for amendments to the Practice Direction to Part 31 of the Civil Procedure Rules (CPR), which came into force on 1 October 2005.