New practice directions (PD) on electronic disclosure aimed at speeding up the litigation process and reduce legal costs come into force today.
The rules have come in almost a year after Lord Justice Jackson recommended there be a ’menu’ of disclosure options available to litigating parties in his review of civil litigation costs.
Under the new regulations, litigating parties will be required to complete an electronic documents questionnaire that is intended to encourage litigators to be transparent about their proposed method of e-disclosure and set out exactly what each litigating party expects of the opposing party.
In England and Wales, the costs associated with disclosure typically account for about 30 per cent of the total cost of an action.
This was highlighted in BSkyB’s long-running dispute with Electronic Data Systems. The case, in which Herbert Smith partner Ted Greeno represented the broadcaster, saw BSkyB secure £318m from the defendant.
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Source: The Lawyer
By: Katy Dowell
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1 comments:
I'm afraid the Lawyer got it wrong. Parties are NOT required to complete the Electronic Documents Questionnaire. Para 10 of the practice direction states;
"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."
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