Litigation costs come under scrutiny with launch of new e-disclosure regime

  • Print
  • Comments (3)

Readers' comments (3)

  • Parties are not, as stated above, required to complete the electronic documents questionnaire. The PD states at paragraph 10,
    "In some cases the parties may find it helpful to exchange the Electronic Documents Questionnaire in order to provide information to each other in relation to the scope, extent and most suitable format for disclosure of Electronic Documents in the proceedings."
    There is a huge disparity of knowledge amongst litigators when it comes to e-disclosure and so far from the questionnaire spelling an end to tactical disclosure manoeuvring there is every chance that the questionnaire could end up (at least in the short to mid term) being an additional tactical weapon for the well prepared litigators who want to apply even more pressure to their opposition.

    Unsuitable or offensive? Report this comment

  • Just to point out that completion of the questionnaire is not a requirement in every case to which the practice direction applies, though the court has power to order this. Also, the practice direction only applies in multi-track cases unless the court orders otherwise. By volume of cases, most litigation is undertaken in the fast track and small claims courts where this practice direction will not usually apply.

    Unsuitable or offensive? Report this comment

  • A link to the practice direction incorporating the electronic documents questionnaire and glossary of technical terms:
    http://www.justice.gov.uk/civil/procrules_fin/contents/practice_directions/pd_part31b.htm

    Drew Macaulay, First Advantage Litigation Consulting

    Unsuitable or offensive? Report this comment

Have your say

Mandatory Required Fields

Mandatory

Comments that are in breach or potential breach of our terms and conditions in particular clause 8, may not be published or, if published, may subsequently be taken down. In addition we may remove any comment where a complaint is made in respect of it. These actions are at our sole discretion.

  • Print
  • Comments (3)