Electronic disclosure—frequently asked questions
Electronic disclosure—frequently asked questions

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

  • Electronic disclosure—frequently asked questions
  • What is electronic disclosure?
  • What are my duties as a solicitor in relation to electronic disclosure?
  • What are the obligations of a party to give electronic disclosure?
  • When do I first need to think about electronic disclosure?
  • What is the Electronic Documents Questionnaire?
  • How do I complete the Electronic Documents Questionnaire?
  • How do I budget for the costs of electronic disclosure?
  • What happens if I do not comply with the CPR requirements in respect of electronic documents?
  • I want to manage e-disclosure in accordance with the rules but my opponent does not. What should I do?
  • More...

Electronic disclosure—frequently asked questions

This Practice Note should be read in conjunction with Practice Note: Introduction to electronic disclosure.

'Electronic disclosure' is the proper management of large volumes of electronically stored information (ESI) whether encountered in a pre-action or post-issue context.

Since the implementation of the April 2013 Jackson Reforms, which introduced, among other things:

  1. various new disclosure obligations on parties to non-personal injury multi-track cases

  2. a focus on ensuring litigation is carried out efficiently and at proportionate cost

  3. a spirit of ensuring the parties comply with all relevant rules, practice directions and court orders

a proper understanding and appreciation of e-documents, e-disclosure and your obligations under CPR PD 31B has become all the more important, see, for example, the following Practice Notes:

  1. Disclosure obligations in multi track claims

  2. Case management—compliance, Relief from sanctions—the courts’ approach and Relief from sanctions—illustrative decisions

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.

What is electronic disclosure?

In practice, electronic disclosure (e-disclosure) should be seen as the disclosure of ESI and in all but a few very important respects as equivalent to disclosure of non-electronic documents. In effect, it is about the efficient management of ESI in litigation (or arbitration where the management issues are the same although there

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