Fri. Dec 2nd, 2022

    Changing Legal Environment



    It is assumed that users of this guide are well acquainted with the Civil Procedure Rules (CPR) which are the formal rules for this area within the UK. Of main interest to this guide is Practice Direction 31B – Disclosure of Electronic Documents, which took effect on the 1st October 2010 and comes with an Electronic Documents questionnaire. Further information on these topics can be found in Chapter 6. The point of mentioning these changes to the rules is that they prompted an increasing awareness amongst practitioners of law that electronic information existed and had to be disclosed (the real meaning of electronic disclosure, as opposed to arguing about the media used to hand over material).

    The other key driver in this area has been Lord Justice Jackson’s review of Litigation  Costs which was published in its final form in January 2010. The suggestions on how costs might be managed have mainly been implemented, with judicial training on costs management starting in January 2013, and the required legislation being enacted in April 2013. For the purpose of this Guide the key factor is that parties should arrive at the first Case Management Conference with a plan for eDisclosure that they have agreed with the other side. Fundamental to the changes is that Judges will have been trained to explore how the disclosure exercise will be carried out, and if the proposed approach uses technology in an appropriate manner. So the days of printing everything, or conducting a linear review with an army of legal staff, or arguing over arcane lists of broad keywords are numbered.

    During 2019/20 there was a 2 year pilot of proposed changes to the Civil Procedure Rules for disclosure. The most straightforward and factual article about the proposals is on Simmons & Simmons’ Elexica site. It summarises the proposals and the main reasons for the changes, and has links to the draft rule. The pilot has been extended in 2021 and 2022 and has already been modified with more changes in the pipeline.

    Lawyers need to “tool up” with technology and understand how to fully use the tools they have at their disposal. It is hoped the rest of this Guide will help them achieve this goal.

    Beyond the Perimeter? The DoD Zero Trust Strategy and Roadmap

    Current and future cyber threats and attacks drive the need for...

    Balancing Spend and Standards? Cybersecurity Investments in the European Union

    According to EU Agency for Cybersecurity Executive Director Juhan Lepassaar, “The...

    Stricter Supervisory and Enforcement Measures? European Parliament Adopts New Cybersecurity Law

    According to European Member of Parliament (MEP) Bart Groothuis, “Ransomware and...

    Geopolitical Shakedowns? The Annual ENISA Threat Landscape Report – 10th Edition

    According to EU Agency for Cybersecurity Executive Director Juhan Lepassaar, “Today's...

    A Technology-Driven Solution? Integreon Announces New Chief Executive Officer

    Subroto’s people-first leadership style combined with his passion for leveraging technology...

    A Magnet for Revenue? Magnet Forensics Announces 2022 Third Quarter Results

    According to Adam Belsher, Magnet Forensics' CEO, "Our solutions address the...

    Progress and Opportunity? Cellebrite Announces Third Quarter 2022 Results

    “We are pleased to report a solid third quarter, delivering strong...

    Fueling Continued Growth? Renovus Capital Acquires Advisory Business from HBR Consulting

    "The legal industry remains in the early stages of digital and...

    An eDiscovery Market Size Mashup: 2022-2027 Worldwide Software and Services Overview

    From retraction to resurgence and acceleration, the worldwide market for eDiscovery...

    On the Move? 2022 eDiscovery Market Kinetics: Five Areas of Interest

    Recently ComplexDiscovery was provided an opportunity to share with the eDiscovery...

    Trusting the Process? 2021 eDiscovery Processing Task, Spend, and Cost Data Points

    Based on the complexity of cybersecurity, information governance, and legal discovery,...

    The Year in Review? 2021 eDiscovery Review Task, Spend, and Cost Data Points

    Based on the complexity of cybersecurity, information governance, and legal discovery,...

    Five Great Reads on Cyber, Data, and Legal Discovery for November 2022

    From cyber shakedowns and threats to the total cost of eDiscovery...

    Five Great Reads on Cyber, Data, and Legal Discovery for October 2022

    From cyber claims and data privacy to corporate litigation and the...

    Five Great Reads on Cyber, Data, and Legal Discovery for September 2022

    From privacy legislation and special masters to acquisitions and investigations, the...

    Five Great Reads on Cyber, Data, and Legal Discovery for August 2022

    From AI and Big Data challenges to intriguing financial and investment...

    Onsite or Remote? Document Reviewer Preferences Survey (Winter 2023)

    Today CompexDiscovery expands that survey portfolio by introducing a new business...

    In The House? The Fall 2022 eDiscovery Total Cost of Ownership Survey – Final Results

    Today CompexDiscovery shares the results of a new business survey focused...

    Cold Front Concerns? Eighteen Observations on eDiscovery Business Confidence in the Fall of 2022

    In the fall of 2022, 49.0% of survey respondents felt that...

    Stereotyping Data? Issues Impacting eDiscovery Business Performance: A Fall 2022 Overview

    In the fall of 2022, 28.0% of respondents viewed increasing types...

    The Arrival of General Winter? Ukraine Conflict Assessments in Maps (November 21-27, 2022)

    According to a recent update from the Institute for the Study...

    Digging Out and Digging In? Ukraine Conflict Assessments in Maps (November 14-20, 2022)

    According to a recent update from the Institute for the Study...

    A Liberating Momentum? Ukraine Conflict Assessments in Maps (November 7-13, 2022)

    According to a recent update from the Institute for the Study...

    Rhetoric or Reality? Ukraine Conflict Assessments in Maps (November 1-6, 2022)

    According to a recent update from the Institute for the Study...