header-logo header-logo

10 November 2017 / Ed Crosse
Issue: 7769 / Categories: Opinion , E-disclosure , Profession , Budgeting
printer mail-detail

A new dawn for disclosure

nlj_7769_crosse

It’s time for the profession & the judiciary to engage constructively to create a world class civil disputes regime, say Ed Crosse & David Bridge

Over the past couple of years there has been growing momentum for major change in the approach to disclosure of the courts in England and Wales. The proliferation of data exchanged between people and stored by individuals and companies has left the traditional approach to disclosure looking antiquated. The language of the current rules assumes that hard copy documents will be the norm, with a separate Practice Direction (PD) bolted on to cover electronic documents, which in truth now make up the vast majority. The entitlement to ‘inspect’ documents, rather than receive copies in native format complete with meta-data, is indicative of this, harking back to a period when lawyers visited each others’ offices to view lever arch files of material.

There have, of course, been changes in practice. The courts have accepted the reality of electronic disclosure and methods of searching for documents that,

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

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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
back-to-top-scroll