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DISCLOSURE: Rolling the dice: the April 2013 eDisclosure conundrum

05 April 2013  

Garry Bernstein assesses the consequences of the Jackson reforms on eDisclosure

The eDisclosure process is set for a radical shake-up this spring, when Lord Justice Jackson’s case management and litigation cost reforms are introduced. In particular, a new Civil Procedure Rule will be added to the existing Practice Direction governing the management of eDisclosure in most types of multi-track disputes. From April, Civil Procedure Rule CPR 31.5A will augment CPR 31B (Disclosure of Electronic Documents), the most significant effect of which will be to require the parties to litigation to agree a budget for the eDisclosure exercise at the first Case Management Conference (CMC). This will require the parties to submit a report to the judge outlining proposals for their respective standard eDisclosure exercises together with details of the relevant documents they have identified and where these documents are to be found.