Disclosure—reviewing the documents
Disclosure—reviewing the documents

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Disclosure—reviewing the documents
  • General
  • Strategies to limit the scope of documents to be reviewed
  • Review team
  • External resources
  • Metadata
  • Targets for the review team
  • Right tools for the job
  • Communication with the client
  • Re-reviewing the documents

General

This is the process whereby you review the documentary evidence and decide what documents should be disclosed. To do this effectively and efficiently you need to be well prepared. This means having in place:

  1. strategies to limit the scope of documents to be reviewed

  2. a review team

  3. targets for the review team

  4. the right tools for the job

  5. communication with the client

It is important to be aware that the review process does not exist in isolation at the end of having sought and obtained documents to review. The way in which you manage the review process and the tools you have at your disposal may well shape the way in which you undertake the document collection process to start with.

Note: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U in force as of 1 January 2019—for further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

Strategies to limit the scope of documents to be reviewed

Some of these issues you will already have discussed with your client and the other side, for instance the extent of the reasonable search, and how the quantity of electronically stored information (ESI) can be reduced with the use of keyword searches, date ranges etc. See: Practice Notes: Disclosure—standard disclosure and the reasonable search—what

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