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

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

  • Electronic disclosure questionnaire—frequently asked questions
  • When should I first look at the Electronic Documents Questionnaire (EDQ)?
  • Who should complete the EDQ?
  • Do I need to exchange the EDQ?
  • Do I need to discuss the EDQ with my opponent before the CMC?

This Practice Note should be read in conjunction with Practice Note: Electronic disclosure—electronic disclosure questionnaire.

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.

When should I first look at the Electronic Documents Questionnaire (EDQ)?

Look at the EDQ as soon as you are instructed. It is a helpful document as:

  1. it doubles as a checklist of the matters you will need to consider as the case progresses

  2. it can be used to guide discussions with your client at the outset and can hopefully be used at the initial planning meeting

  3. once in communication with your opponent, collaboration over the management of ESI can be guided by discussing the elements of the EDQ with your opponent

Further, under the April 2013 Jackson Reforms, various additional obligations were introduced in relation to disclosure, particularly in non-PI claims proceeding on the multi-track, including the applicability of CPR PD 31B where disclosure involves electronic documents (CPR 31.5(9)). Practitioners should familiarise themselves with these and all applicable provisions (some of which require potentially