Extract from an article from the ILTA UK Litigation Special Interest Group
A working party from the ILTA UK Litigation Support Special Interest Group has been working on developing an ILTA exchange protocol, along with a set of guidance notes.
The aim of the protocol is to provide a document that incorporates the best practices for exchanging eDisclosure information, with sufficient options so that all scenarios are catered for. It is NOT a single rigid “standard”, more a set of menu options that people can pick and choose to reflect the functionality of their software and the case requirements.
UK eDisclosure Exchange Protocol Overview
- This Protocol is designed to be used in the jurisdiction of England and Wales, though it can be employed in any situation where all involved parties agree to its use.
- This Protocol should be used to record the result of discussions between the parties on the mechanics of disclosure. If the matter falls within the remit of the Disclosure Pilot for the Business and Property Courts in England and Wales, that came into force on 1st January 2019, it is recommended that this Protocol should so far as possible, be finalised with the completed Disclosure Review Document; that is to say 5 days before the first CMC. If this is not possible, then it should be finalised no less than 7 days prior to the date of exchange.
- This Protocol is not a contractually binding legal agreement between the parties. It is recognised that circumstances may arise which may make it appropriate for there to be variations to the matters set out in this Protocol. Such variations should be agreed with the other party or parties.
- This protocol should be completed with reference to its parallel document; “Guidelines to eDisclosure Exchange Protocol”.
- ILTA Europe: UK eDisclosure Exchange Protocol (DOC)
- ILTA Europe: UK eDisclosure Protocol Guidelines (PDF)