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Vol 21 No 9 Sept/Oct 2016

Book of the Month

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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The Electronic Evidence and E-Disclosure Handbook

ISBN13: 9780414055391
Published: January 2016
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Paperback
Price: £155.00

In stock.

Peter Hibbert’s Electronic Evidence and E-Disclosure Handbook provides practical step-by-step guidance on how to project-manage, seek, preserve, and analyse electronic documents for legal review and offers detailed insight on compliance with CPR Part 31 in civil litigation cases in the England & Wales jurisdiction.

E-disclosure has emerged as a new and important facet of disclosure, as noted by Lord Justice Jackson in his Report on Civil Litigation Costs. It is now seen as inevitable in many cases, rather than an optional course for parties. It is therefore hugely important for judges, solicitors and counsel to have a fully detailed and up-to-date understanding of the process, the ever increasing and developing technology available and how it functions.

The author ensures that this insight is easily found in his Handbook – using reader-friendly language to explain the technology involved, starting with basic concepts and developing an understanding of some of the more advanced analytical systems. The text advises lawyers on how to communicate confidently with business clients’ IT departments, e-discovery vendors and indeed experienced judges, with a technological understanding and a vocabulary to match. The Electronic Evidence and E-Disclosure Handbook:

  • explains where relevant data may be found
  • demonstrates what software tools exist and what they do (in terms of collecting, processing, reviewing and analysing the data)
  • explains what practitioners can save in terms of cost and time – with screenshots of a number of e-disclosure software tools, showing how data is actually displayed on-screen to enable lawyers to search and review
The text goes on to guide the reader through the disclosure obligations under CPR part 31, in particular Practice Direction 31B, including essential points on:

  • advising the client on the need to preserve data and the implications of preservation on business operations
  • preparing for the first CMC, including how to conduct the required discussions on technology and disclosure
  • how to avoid sanctions being imposed against the client and against the lawyer for disclosure failures
The Electronic Evidence and E-Disclosure Handbook is a complete text and looks beyond UK jurisdictions. The author tackles issues which can arise when relevant data are stored in foreign jurisdictions, and also provides an understanding of the legal, practical and technical issues that can arise when transferring electronic data into and outside the England and Wales jurisdiction.

As Lord Justice Jackson remarked in his foreword to the Handbook: 'I anticipate that it will become the vade mecum for any lawyer conducting heavy civil litigation'.

Part 1: Understanding the Project Management Process
Chapter 1: The EDRM models
Chapter 2: Procurement & Budgeting

Part 2: Understanding the Technology
Chapter 3: Basic Concepts– Stepping into the shallow end
Chapter 4: Business communications - emails, voice data and messaging systems
Chapter 5: Tracking social media for e-disclosure purposes
Chapter 6: Cloud computing: E-disclosure issues
Chapter 7: Processing, Review & Analysis

Part 3: Understanding CPR Part 31: Procedural & Technical Requirements
Chapter 8: The concept of disclosure under CPR Part 31
Chapter 9: Preparing for the first Case Management Conference
Chapter 10: The Case Management Conference: Disclosure & Inspection Directions
Chapter 11: Sanctions

Part 4: Understanding the Professional Conduct and Privilege Implications
Chapter 12: Obligations under the SRA and BSB professional conduct rules in e-disclosure cases
Chapter 13: Protecting legal professional privilege during e-disclosure

Part 5: Understanding Cross-Border Litigation Issues
Chapter 14: Disclosure of data in cross-border litigation: Legal and procedural issues
Chapter 15: Disclosure of data in cross-border disputes: Practical and technical issues

Part 6: Understanding E-Disclosure in the Context of International Arbitration
Chapter 16: Disclosure of documents in international arbitration