Electronic Disclosure A Casebook for Civil and Criminal Practitioners
Electronic Disclosure A Casebook for Civil and Criminal Practitioners

(PP Publishing, 2015), written by Stephen Mason

Electronic disclosure, or eDisclosure, is now the every-day fare of all practicing lawyers in England and Wales, in the same way as electronic evidence and electronic signatures. Lawyers now deal with the complexities of these topics every day. Litigation and eDisclosure now go hand-in-hand.

Although the members of the judiciary took up the challenge and set out guidance and rules relating to eDisclosure some years ago, nevertheless, the case law suggests that many lawyers remain blissfully unaware of these three important topics: eDisclosure, eEvidence and eSignatures.

The aim of this concise guide is to set out the case law relating to eDisclosure in England and Wales, and to indicate how judges have approached the problems of eDisclosure in both civil and criminal proceedings. This work does not purport to be comprehensive.

Chapter 1 Introduction

Chapter 2 General principles

Chapter 3 Search orders

Chapter 4 Pre-action disclosure

Chapter 5 The duty to cooperate

Chapter 6 Proportionality

Chapter 7 Case management conference

Chapter 8 A reasonable search

Chapter 9 Metadata

Chapter 10 Keyword searches and technology assisted document review

Chapter 11 Databases

Chapter 12 Date ranges

Chapter 13 Temporary files and deleted data

Chapter 14 Failure to comply with the obligation to disclose documents

Chapter 15 Obtaining disclosure from third parties

Chapter 16 Privilege

Chapter 17 Service

Chapter 18 Criminal proceedings

Appendix: Useful Information