Introduction to electronic disclosure
Introduction to electronic disclosure

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

  • Introduction to electronic disclosure
  • Principal sources of information
  • Process flowchart
  • EDRM
  • Planning
  • Collaboration/co-operation
  • Identification
  • Preservation
  • Collecting documents
  • Issues to consider
  • more

'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.

For guidance on these aspects of the Jackson Reforms, see Practice Notes:

  1. Disclosure—Jackson Reforms [Archived], Disclosure obligations in multi track claims and Disclosure ‘menu’ in multi track claims

  2. Case management—Jackson Reforms [Archived]—overriding objective

  3. 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.

Principal sources of information

Principal sources of information about the process are:

  1. CPR 31

  2. practice direction 31B in relation to electronic documents

  3. the EDQ (electronic disclosure questionnaire scheduled to PD31B)

In addition, the following is helpful:

1. A process flow chart: this breaks down the component phases of e-disclosure. Lawyers