The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
This Practice Note should be read in conjunction with Practice Note: Electronic disclosure questionnaire—frequently asked questions.
Note: This Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
The electronic disclosure 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, paragraph 15 of CPR PD 31B 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.
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 of proceedings under CPR PD 31B, para 8. Note: since April 2013, CPR PD 31B has applied, in addition to any obligations under CPR 31.5(3)–(8), to the extent documents to be disclosed are electronic (CPR 31.5(9)). Further, the courts are taking a more robust approach to case and costs management, including the efficient a
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