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Co-operation is the key to successful disclosure

06 November 2008
Issue: 7344 / Categories: Features , LexisPSL
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Amanda Wadey reports on Digicel v Cable & Wireless where the parties were taken to task for failing to agree the ambit of e-disclosure

Electronic disclosure

Refs: Digicel v Cable & Wireless [2008] All ER (D) 226 (Oct)

Facts of the case

Mr Justice Morgan has emphasised the need for parties to work together so that the e-disclosure exercise is as fruitful as it can be.

The parties were in dispute over whether or not the defendant telephone operators had deliberately delayed interconnection with the claimant mobile telephone companies’ networks. The claims are for damages arising out of alleged breach of statutory duty in seven different jurisdictions in the Caribbean. Following disclosure, which included the disclosure of a considerable number of electronic documents, the claimant made an application for specific disclosure of back-up tapes and electronic documents.

Back-up tapes

Refs: CPR PD 31, para 2A; Byers v Illinois State Police 53 Fed R Serve 3d 740 (N D III May 31, 2002);  Zubulake v UBS Warburg LLC (2003) 217 F.R.D. 309

The

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