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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The Power of Metadata

This article from Simon Dawson examines the value in litigation of the hidden information (known as metadata) encoded into most electronic documents, illustrates this by a study based on a real case and finally discusses the circumstances in which an opposing party in litigation might be compelled to provide it….

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Electronic Disclosure: The Cresswell Report

The Commercial Court Working Party’s Report on Electronic Disclosure was published on 6 October. The Working Party, chaired by the Honourable Mr Justice Cresswell, was set up under the auspices of the Commercial Court Users’ Committee to investigate, and make recommendations as to, the particular problems thrown up by the disclosure of e-mails and other electronic documents and how the current Civil Procedure Rules and Commercial Court Guide on disclosure apply to electronic documents. We produce excerpts below and Laurence Eastham summarises and comments on the report….

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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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