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Electronic age challenges tradition of disclosure.
(From Lloyds List)
Byline: Sandra Speares
WITH the massive growth of the use of electronic documents lawyers are presented with a 'real challenge' as far as disclosure is concerned, according to Sarah Phillip of Richards Butler.
In the US, Ms Phillip says 'a substantial body of case law has developed' dealing with the discovery of electronic documents, in particular relating to the costs of providing or searching them.
However, in the UK, the Civil Procedure Rules provide 'no specific guidance on the disclosure of electronic documents', she says.
Under disclosure rules, a 'reasonable search' is required although Ms Phillip suggests that it is up to lawyers to determine what a 'reasonable search' is, and the CPR gives no guidance on this point.
Preservation of 'metadata', or historical information contained within electronic documents, is vitally important.
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