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

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.

1-Oct-2010

6:44 pm