Last updateTue, 24 Feb 2015 5pm

DISCOVERY: Paper chase

25 May 2012  

Nicola Bridge, Joel Seager and Guy Francis discuss the pitfalls and solutions surrounding document retention

Creating an effective document retention policy can be an expensive and time-consuming exercise for firms, especially now when the sheer volume of documents created in business has exploded and communication media continue to proliferate. It is often only when litigation is contemplated, or a regulator comes knocking, that the scramble ensues to identify what measures have been taken to preserve documents and to consider retention going forward. This, however, may be too late as the unjustified destruction of documents can have serious reputational and financial consequences for companies. This article considers the reasons why functional document retention policies are so vital and how a failure to properly manage document retention issues can result in sanctions.


Additional Info

  • Case(s) Referenced:

    Coleman v Morgan Stanley [2005] WL 679071

    Digicel (St Lucia) Ltd & ors v Cable & Wireless plc & ors [2008] EWHC 2522 (Ch)

    Douglas & ors v Hello Ltd! & ors [2007] UKHL 21

    McCabe v British American Tobacco Australian Services Ltd [2002] VSC 73

    Mirant Asia-Pacific Construction (Hong Kong) Ltd v Ove Arup & Partners International Ltd & anor [2007] EWHC 918 (TCC)

    Prest v Marc Rich & Co Investment AG [2006] EWHC 927 (Comm)

    Rybak & ors v Langbar International Ltd [2010] EWHC 2015 (Ch)

    Three Rivers DC v Bank of England (No. 2) [1996] 2 All ER 363

    Timothy Duncan Earles v Barclays Bank plc [2009] EWHC 2500 (QB)