E-disclosure in Litigation: Avoid the Pitfalls

Planning the disclosure exercise in litigation Litigation hold discussions with the other party using a questionnaire to identify categories and locations of documents (Goodale v Ministry of Justice) Possible consequences of getting it wrong Repeating the document search (Digicel v Cable and Wireless) Costs sanctions (Earles v Barclays Bank) Disclosure in arbitrations" Clive Freedman is a Barrister, Mediator and Arbitrator practising at 3 Verulam Buildings, Gray's Inn. His practice covers commercial disputes generally, including IT, construction, professional negligence, banking and commercial fraud. In recent years his main area of specialisation has been IT law, particularly contractual disputes arising from IT projects. He has also carried out a number of mediations of IT disputes for CEDR Solve. He is the co-author of Expert Determination (Sweet & Maxwell, 2008), and has contributed to Banking Litigation (Warne & Elliott, 1999 and 2005) and Bullen & Leake & Jacob's Precedents of Pleadings (chapter on IT Disputes). He is a Fellow of the British Computer Society and Chair of its Disciplinary Panel, and is a Fellow of the Chartered Institute of Arbitrators. He is a Trustee of the British and Irish Legal Information Institute (www.bailii.org - web site for accessing judgments of the Courts of the UK and Ireland).