The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note should be read in conjunction with Practice Note: Electronic disclosure—Electronic Documents Questionnaire (EDQ).
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.
Look at the EDQ as soon as you are instructed. It is a helpful document as:
it doubles as a checklist of the matters you will need to consider as the case progresses
it can be used to guide discussions with your client at the outset and can hopefully be used at the initial planning meeting
once in communication with your opponent, collaboration over the management of electronically stored information (ESI) can be guided by discussing the elements of the EDQ with your opponent
For further guidance on disclosure obligations and the court’s approach to case management, see Practice Notes:
Disclosure obligations in multi track claims
Relief from sanctions—the courts’ approach
Disclosure under CPR 31—pre-action considerations—checklist
Disclosure considerations under CPR 31 after proceedings have started—checklist
Completing the EDQ properly will involve input from your client's IT department and records management team. The process may be considerably eased by advice from a service provider.
At the initial
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