The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
'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:
various new disclosure obligations on parties to non-personal injury multi-track cases
a focus on ensuring litigation is carried out efficiently and at proportionate cost
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:
Disclosure—Jackson Reforms [Archived], Disclosure obligations in multi track claims and Disclosure ‘menu’ in multi track claims
Case management—Jackson Reforms [Archived]—overriding objective
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 about the process are:
practice direction 31B in relation to electronic documents
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
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