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 guidance, see: Disclosure pilot scheme—overview.

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 are procedural differences). Electronic communications in the

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