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10 July 2008 / Susan Knox
Issue: 7329 / Categories: Features , In-House , E-disclosure , EU
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Easing the burden

Susan Knox outlines the advantages of electronic disclosure in EU litigation

As corporate communications increasingly involve e-mail and other electronic documents, electronic disclosure in disputes is occurring more frequently. Depending on the jurisdiction and the matter, the disclosure of electronic materials may be mandatory. Even where not required, litigation teams are increasingly taking advantage of the latest search and review technologies to prepare the case using electronic materials.

Materials in any matter are likely to be sourced from individuals' desktop and laptop PCs, and work e-mail accounts. These sources, despite corporate rules and policies, are likely to contain irrelevant personal data, including banking and health information, communications with friends, and music files. When collecting electronic evidence it is essential, therefore, that companies and their lawyers observe applicable employment, privacy and data protection laws, while also heeding court orders and considering the company's legal needs.

Disclosure, Data Protection and Privacy

Lawyers must be aware of the rules concerning disclosure in the individual case. These may include court rules of general application, such as

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
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A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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