E-Disclosure: The Cost Of Noncompliance Uncovered

Electronic Disclosure ("e-disclosure") is the process by which the parties exchange relevant electronically stored documents (such as emails, text files and voicemails) during litigation. With the expanding integration of technology into personal and business lives alike, e-disclosure has become a central part of meeting disclosure obligations.

Unfortunately, e-disclosure can be an unwieldy and difficult process to manage and mistakes can be made due to the sheer volume of data needing to be analysed. Further, it is not uncommon for parties to overlook e-disclosure until the last minute, which is strongly discouraged.

Recent Cases

Wyche v Careforce Group PLC [2013] EWHC 3282 (Comm)

An application was made for relief from sanctions in relation to non-compliance with disclosure obligations under an Unless Order. Inadvertent human errors were made, including using incorrect syntax in keyword searches and 65 documents incorrectly being categorised as...