A new Practice Direction (PD) and questionnaire will apply to the disclosure of electronic documents in multi-track cases started in the High Court on or after 1 October 2010. The new rules have developed out of a concern that existing provisions are not effective in forcing parties to litigation to address and correctly disclose electronic documents in evidence. Key areas to note emerging from the new rules are: (i) more prescriptive rules in relation to the process of searching for and disclosing electronic documents, and (ii) a move towards a US-style 'litigation hold' duty to preserve documents as soon as litigation is contemplated. These developments are of particular relevance to in-house lawyers as they will likely be responsible for implementing and managing the new processes in conjunction with external lawyers. For more information on the new requirements click here.
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