Electronically stored information (ESI) definition

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Electronic evidence in arbitration—checklist

Electronic evidence in arbitration—checklist This Checklist provides practitioners with a list of issues to consider when dealing with electronic evidence in arbitration. At the outset of arbitral proceedings, consider the role that electronic evidence might play, in particular: • consider data protection legislation including, for example, the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime, which relates to the processing of personal data and the free movement of such data. Are your clients and legal advisors data controllers and/or data processors? Does the evidence involved in document production include personal data? Has a comprehensive assessment of any data protection obligations been planned or been carried out? Have the appropriate measures been taken? See Practice Note: Arbitration—data protection and GDPR considerations • does your client possess relevant electronically stored information (ESI)? If so, advise your client to implement a document retention policy across all relevant companies/individuals to safeguard potentially relevant material • consider the devices which ESI may be held (eg mobile phones and tablets) and...

View the related practice notes about Electronically stored information (ESI)

Disclosure—solicitors' obligations

Disclosure—solicitors' obligations This Practice Note identifies solicitors’ obligations in relation to disclosure to their client and the court. It also explains the need to preserve documents, provide the required disclosure and co-operate with the other side particularly in relation to electronic disclosure (e-disclosure). 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. Obligations Throughout the disclosure process you have obligations to your client, to the court and in accordance with other relevant provisions. These include, but are not limited to: • advising your client of the need to preserve documents—see further: Preservation of documents • ensuring your client complies with all relevant and applicable provisions and makes compliant disclosure—see further: Full disclosure • co-operating with the other side, specifically in relation to e-disclosure and/or where the claim is proceeding on the multi-track and does not involve a claim for personal injury—see further: Co-operating with the other side • a reasonable duty to manage...

Disclosure—preserving documents

Disclosure—preserving documents This Practice Note sets out the obligations under Practice Direction 31B, para 7 which apply once litigation is contemplated in relation to the preservation of documents and the consequences and considerations in relation to specific aspects of disclosure such as dealing with back up tapes, computers, notebooks, laptops, portable storage devices and handheld devices as well as social media accounts. The possible consequences of failing to preserve disclosable documents are also addressed. Note: This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts where duties to preserve documents also apply. For guidance on that, see: Disclosure scheme—overview. Obligations CPR PD 31B, which deals with the disclosure of electronic documents, expressly requires a legal adviser to advise their client to preserve disclosable documents as soon as they are instructed to deal with a dispute; where the claim has, or is likely to be, allocated to the multi-track. In any event, putting in place processes whereby potentially disclosable...