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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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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