e-disclosure definition

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Multi-track—case management—checklist

Multi-track—case management—checklist This checklist is based on what is required for a case proceeding on the multi-track under CPR 29 and CPR PD 29 (which deal with case management in the multi-track). It should be read in conjunction with Practice Notes: Multi-track—case management and Multi-track—case management conference (CMC), which give guidance on case management generally and case management conferences (CMCs) in the multi-track. This Checklist sets out a broad overview of some of the case management issues to be considered and addressed early in proceedings and before any CMC is held. It is not a definitive list and you will need to consider each of the issues in more detail as relevant to the facts of the specific case. The approach taken by the court to managing the claim will also differ depending on the court in which the claim is proceeding and you will need to consider the specifics of case management in the particular court, including the guidance given in that court’s guide. For more information, see: Court...

Electronic disclosure checklist for pre-CMC discussion

Electronic disclosure checklist for pre-CMC discussion Introduction The CPR contains a number of provisions that either require or urge parties to meet before the first Case Management Conference (CMC) to discuss disclosure (CPR 31.5) and disclosure of electronic documents (CPR PD 31B). For further guidance on the interpretation and application of the provisions, see Practice Note: Disclosure obligations in multi-track claims. You should consider if the proceedings are subject to the disclosure scheme in the Business and Property Courts. Note: this Practice Note does not cover this scenario. For further guidance on the disclosure scheme in the Business and Property Courts, see: Disclosure Scheme (Business & Property Courts)—overview, which also includes some guidance on determining Which disclosure rules apply to my claim—flowchart? The reason for requiring the parties to meet before the CMC is to ensure parties to litigation are engaging with e-disclosure issues at an early stage in order that the e-disclosure process could be run as efficiently and cost effectively as possible. It is important to make...

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Electronic disclosure—Electronic Documents Questionnaire (EDQ)

This Practice Note should be read in conjunction with Practice Note: Electronic Documents Questionnaire (EDQ)—frequently asked questions.This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts. For guidance, see: Disclosure scheme—overview.What is the Electronic Documents Questionnaire (EDQ)?The Electronic Documents Questionnaire (EDQ) is designed to be exchanged between the parties in order to provide information in relation to the scope, extent and most suitable format for e-disclosure. Although it is not compulsory to do so, CPR PD 31B, para 15 gives the court the power to order parties to complete and exchange it if they cannot reach agreement. It is appended to CPR PD 31B. For insight into the approach of the court in determining that an EDQ should be ordered, see Versi v Husain.In any event, you may find it useful to use when considering disclosure generally and e-disclosure specifically with your client and/or when you are discussing the use of technology in the management of electronic disclosure and the conduct...

Introduction to electronic disclosure

This Practice Note defines electronic disclosure and provides an introduction to the various processes you will need to undertake when dealing with electronic or e-disclosure, namely planning, collaboration, identification, preservation, collection, review and disclosure. It also considers how to deal with e-disclosure at trial.'Electronic disclosure' is the management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or post-issue context.A proper understanding and appreciation of e-documents, e-disclosure and your obligations under CPR PD 31B (where that applies) is essential.For guidance on these aspects of disclosure, see Practice Notes:•Disclosure obligations in multi track claims and Disclosure ‘menu’ in multi track claims•Case management—complianceNote: This Practice Note does not cover the provisions of the disclosure scheme in operation in the Business and Property Courts. For guidance, see: Disclosure scheme—overview.Principal sources of informationPrincipal sources of information about the process are:•CPR 31•practice direction 31B in relation to electronic documents •the EDQ (Electronic Documents Questionnaire scheduled to PD31B)In addition, the following is helpful:1. A process flow chart: this breaks down the component...

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What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been found to contain material omissions in respect of the party's income and assets?

What are the implications where a solicitor has signed a financial statement in Form E on their client’s behalf and that Form E is subsequently been found to contain material omissions in respect of the party's income and assets? A Form E is a financial statement used by a party in financial remedy proceedings to inform the court of their financial position. It concludes with a statement of truth containing the warning that proceedings for contempt of court may be brought against a person who makes, or causes to be made, a false statement in a document verified by a statement of truth. See Practice Note: Preparation of Form E. By Family Procedure Rules 2010 (FPR 2010), SI 2010/2955, 17.2(6), the applicant or respondent may sign the statement of truth themselves, or may authorise their litigation friend or legal representative to sign it on their behalf. The signatory must delete wording as appropriate so that it is clear who is signing the statement of truth. If...

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Private Client weekly highlights—5 June 2025

This week’s edition of Private Client highlights includes: (1) OPG publishes updated professional deputy costs for England and Wales and updated property and financial affairs guidance for attorneys; (2) the Law Commission launches a consultation on a new regulatory framework for funerary methods; (3) HMRC updates its guidance on VAT and private schools; (4) Jusan Technologies Ltd v Uconinvest Llc, which considers the registration of shareholders and the power of directors to bind a company; (5) New Supplemental Swiss Rules for Trust, Estate and Foundation Disputes which will come into force on 1 July 2025; (6) analysis of HNW Lending Ltd v Lawrence, which provides useful guidance on the application of the Contracts (Rights of Third Parties) Act 1999; and (7) two more free webinars.

Technology and Construction Court Guide—updated October 2022

Dispute Resolution analysis: The Courts and Tribunals Judiciary has published the latest edition of the Technology and Construction Guide. The changes reflect developments relating to electronic working, virtual hearings, e-disclosure and e-bundles, the new rules governing trial witness statements under CPR PD 57AC and the Business and Property Courts disclosure scheme under CPR PD 57AD. The guide also encourages greater use of junior advocates.