header-logo header-logo

E-utopia

08 July 2010 / Louise Buchanan
Issue: 7425 / Categories: Features , Profession
printer mail-detail

E-disclosure: in search of an ideal world? Louise Buchanan reports

The extent to which a defendant has to search its back-up tapes for further electronic documents was recently considered by the Court of Appeal in Fiddes v Channel 4 TV Corporation & Another [2010] EWCA Civ 516. The decision is unusual in that, unlike a number of earlier decisions on e-disclosure, the applicant’s request for further disclosure was refused.

Background

Mr Fiddes had initiated libel proceedings against Channel 4. In the context of those proceedings, the claimant made an application for specific disclosure of deleted emails from back-up tapes. The defendants accepted that, had the e-mails not been deleted, they would have been disclosable.

The claimant alleged that the defendants’ approach to the disclosure process had been unsatisfactory. In particular, he referred to the fact that one document, which had been described as a “contemporaneous diary”, appeared in fact to have been amended at a later stage by the third defendant, an employee of Channel 4. Furthermore the third defendant’s laptop, on which the amendments were

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll