Editorial

The most cursory flip through this issue will reveal that it devotes many of its pages to disclosure of electronic documents. Not only do we have Terry Harrison’s short article and a lengthy account of the recent report of the Commercial Court Working Party chaired by Mr Justice Cresswell but the article by His Honour…

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Directions for Trial Preparation in IT Cases

In his article (on p 21), HH Bowsher QC includes consideration of the question of whether a standard agenda should be used for IT Case Management Conferences. That question, originally raised in his address to the SCL IT Disputes Interest Group, was prompted by a note from Alex Charlton on the issue. Alex Charlton sets out the substance of that note below and calls for constructive comment and contributions from readers….

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Trying IT Cases

HH Peter Bowsher QC answers the request to give a judge’s view of trying IT cases. He wishes to make it clear that he retired from the Bench in October 2003 and has ever since been practising as an arbitrator and dispute resolver in Keating Chambers but his views do contain many useful insights on the forensic and procedural aspects of IT litigation….

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History Repeats Itself: Implementation of EU Data Protection Legislation in the Accession Countries

Although the accession countries have been swift to implement the data protection and e-privacy directives, a large majority have failed to implement them correctly in a number of important respects. Ironically, the areas of greatest departure are the same areas the Commission identified last year as the areas where the original 15 Member States had also fallen down. In a number of cases, the deficiencies are so great that the EU Member States are vulnerable to enforcement action by the EU Commission for failure to implement the directives as required. Richard Cumbley and Tanguy Van Overstraeten of Linklaters explain….

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