If a provision of the Companies Acts authorises or requires documents or information to be sent or supplied to a body corporate (however it is expressed), the person sending or supplying it must comply with sections 1144–1148 and Schedule 4 of the Companies Act 2006 (CA 2006), being the company communications provisions. The Companies Acts are defined in CA 2006, s 2 and include CA 2006 itself, except CA 2006, ss 1182–1283. For the purpose of the company communications provisions, a reference to a document includes a summons, notice, order, other legal process or register. The company communication provisions are subject to any requirements imposed, or contrary provision made, by or under any enactment. However, such a provision is not to be regarded as contrary to the company communications provisions by reason only of the fact that it expressly authorises a document or information to be sent or supplied in hard copy form, in electronic form or by means of a website. The company communication provisions apply irrespective of any provision in a company’s articles

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/19/EC of the European Parliament and of the Council of 7 March 2002 on access to, and interconnection of, electronic communications networks and associated facilities as amended by Directive 2009/140/EC (Access Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework (Framework), which originally comprised five directives. The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Access Directive) which make up

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note deals with Directive 2002/20/EC of the European Parliament and of the Council of 7 March 2002 on the authorisation of electronic communications networks and services as amended by Directive 2009/140/EC (Authorisation Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework, which originally comprised five directives (Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Authorisation Directive) which make up the Framework,

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services as amended by Directive 2009/140/EC (the Framework Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework, which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018 Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the Framework Directive) which

ARCHIVED: This Practice Note has been archived and is not maintained. This Practice Note relates to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services as amended by Directive 2009/136/EC (Universal Service Directive). It is part of a series of Practice Notes on core elements of the EU regulatory framework for electronic communications. In the EU, the provision of electronic communications networks and services in each Member State is governed by a common regulatory framework which originally comprised five directives (the Framework). The objective of the Framework was to establish a harmonised framework for the regulation of electronic communications networks and services throughout the EU. In December 2018, Directive (EU) 2018/1972 establishing the European Electronic Communications Code (Recast) (the European Electronic Communications Code) was published in the Official Journal of the EU and came into force three days after publication. The European Electronic Communications Code consolidates four of the directives (including the

A copy of an electronic document.

A network which allows access from different locations for transmitting orders, invoices and payments electronically. The technology used is similar to email but has a higher level of security. EDI communications providers have computers which carry out the necessary centralised processing.

Introduction The CPR contains a number of provisions that either require or urge parties to meet before the first Case Management Conference (CMC) to discuss disclosure (CPR 31.5) and disclosure of electronic documents (CPR PD 31B). For further guidance on the interpretation and application of the provisions, see Practice Note: Disclosure in multi-track cases. You should consider if the proceedings are subject to the disclosure scheme in the Business and Property Courts. Note: this Practice Note does not cover this scenario. For further guidance on the disclosure scheme in the Business and Property Courts, see: Disclosure Scheme (Business & Property Courts)—overview, which also includes some guidance on determining Which disclosure rules apply to my claim—flowchart? The reason for requiring the parties to meet before the CMC is to ensure parties to litigation are engaging with e-disclosure issues at an early stage in order that the e-disclosure process could be run as efficiently and cost effectively as possible. It is important to make the most of these meetings, not just to meet CPR obligations, but

This Practice Note provides information about CPR PD 31B on electronic disclosure or e-disclosure. It explains the purpose of CPR PD 31B and the need for an early collaborative approach, as well as listing the matters that need to be discussed. Guidance is also provided on both the scope and provision of e-disclosure. As well as its relevance to a disclosure exercise carried out under CPR 31, CPR PD 31B also informs how electronic documents should be considered for disclosure if the disclosure scheme applies where the claim is proceeding in the Business and Property Courts. However, if your claim is subject to the disclosure scheme, then you must consult the specific provisions in relation to the scheme—for further guidance, see: Disclosure Scheme (Business & Property Courts)—overview. For more guidance on related issues relevant to the disclosure process, see Practice Notes: • Disclosure in multi-track cases • Case management—compliance Applicable rules The applicable rules are: • multi-track: CPR PD 31B applies where claims are, or are likely to be, allocated to the multi-track • fast

This Practice Note should be read in conjunction with Practice Note: Electronic Documents Questionnaire (EDQ)—frequently asked questions. This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts. For guidance, see: Disclosure Scheme (Business & Property Courts)—overview. What is the Electronic Documents Questionnaire (EDQ)? The Electronic Documents Questionnaire (EDQ) is designed to be exchanged between the parties in order to provide information in relation to the scope, extent and most suitable format for e-disclosure. Although it is not compulsory to do so, CPR PD 31B, para 15 gives the court the power to order parties to complete and exchange it if they cannot reach agreement. It is appended to CPR PD 31B. For insight into the approach of the court in determining that an EDQ should be ordered, see Versi v Husain. In any event, you may find it useful to use when considering disclosure generally and e-disclosure specifically with your client and/or when you are discussing the use of technology in the management of electronic

Electronic disclosure under the disclosure scheme This Checklist does not cover the obligation of a party to disclose electronic documents under CPR PD 57AD which regulates disclosure under the disclosure scheme applicable to most claims proceeding in the Business and Property Courts. CPR PD 31B has no application to such claims, which have an entirely separate arrangement for the disclosure of documents including electronic documents. For guidance on the disclosure of documents under the disclosure scheme, see Practice Note: Disclosure Scheme—how to comply with disclosure orders and obligations. The remainder of this Practice Note covers disclosure in claims to which CPR 31 and CPR PD 31B apply. Definition of electronic documents ‘Electronic Document’ is defined in CPR PD 31B, para 5 as being ‘any document held in electronic form’. The definition goes on to give examples of the types of documents within this definition such as text messages, word-processed documents and databases, as well as documents stored on devices such as memory sticks and mobile phones. Although the definition is outdated as it has not been amended since

This Practice Note answers frequently asked questions in relation to electronic disclosure, including what it is, what a solicitor’s obligations are in relation to it, what needs to be done, how to budget for it and what is the effect of non-compliance. This Practice Note should be read in conjunction with Practice Notes: Introduction to electronic disclosure and Disclosure—technical glossary. Electronic disclosure is the effective management of (usually large) volumes of electronically stored information (ESI) whether encountered in a pre-action or post-issue context. Given the proliferation of ESI in the lives of commercial organisations and individuals, an understanding and appreciation of electronic disclosure and a legal representative’s obligations under CPR PD 31B is required from dispute lawyers. For further guidance, see Practice Notes: • Disclosure in multi-track cases, and • Case management—compliance This Practice Note does not cover the provisions of the disclosure scheme operating in the Business and Property Courts. Electronic disclosure will feature in virtually all cases subject to the disclosure scheme; the guidance given in the Practice Note may be useful