TCC—eDisclosure Protocol
TCC—eDisclosure Protocol

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

  • TCC—eDisclosure Protocol
  • What is the TCC eDisclosure Protocol?
  • Structure of the eDisclosure Protocol
  • Are parties obliged to follow the Protocol?
  • The Protocol as a framework to aid disclosure
  • Use of an electronic database
  • Location and nature of documents and key custodians
  • Processing documents: key word filter searches and date ranges
  • De-duplication
  • Documents to be further reviewed
  • More...

This Practice Note looks at the ‘eDisclosure Protocol’, the second edition of which was published on 9 January 2015, which addresses the disclosure of electronic documents in cases conducted in the Technology and Construction Court. It examines its structure, the issues and guidelines that it covers and some practical considerations.

Note: claims started on or after 1 October 2015 in the TCC may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes, see Practice Notes: Business and Property Courts—shorter trials scheme for claims issued on or after 1 October 2015 and Business and Property Courts—flexible trials scheme for claims issued on or after 1 October 2015.

For guidance on the disclosure pilot scheme in the Business and Property Courts in force as of 1 January 2019, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

What is the TCC eDisclosure Protocol?

The 'eDisclosure Protocol' (Protocol) was originally launched on 1 November 2013. The second version (version 0.2) of the Protocol was published on the TeCSA website on 9 January 2015.

It is intended to assist parties involved in litigation being conducted in the Technology and Construction Court (the TCC) in understanding their disclosure (and particularly e-disclosure) obligations under the Civil Procedure Rules (CPR)

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