e-disclosure

A recent Commercial Court Users Committee working party report proposes that, in respect of emails and electronic documents in civil proceedings, solicitors should provide more details to their opponents of precisely what searches have been carried out to provide electronic documents before litigation. The committee chairman, Mr Justice Cresswell, also said that solicitors should warn clients not to delete emails in the run-up to litigation. The report was considered in an article, Duty to retain documents, by Richard Harrison in the New Law Journal of 19 November, and the full report is at: www.courtservice.gov.uk/cms/media/electronic_disclosure1004.doc