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E-disclosure Legal Advice

You need to appreciate not only that the courts are becoming more savvy about e disclosure and requiring it, but also that the implications of failing properly to preserve evidence are significant.

Arguably, a duty to preserve evidence arises once litigation is reasonably anticipated.

In the US there is a growing body of what is called "spoliation" litigation, where parties use the fact that the other side has not preserved evidence to strike out cases etc. In one case involving an investment bank, one party had so blatantly failed to preserve evidence that the judge directed the jury to find them guilty of conspiring to damage the claimant because of it.

There is the possibility of a case in the UK being struck out because parties have failed properly to comply with their duty to preserve and disclose evidence.

Even if the courts don't go that far, in a UK breach of copyright case in the mid-1980s, the court drew adverse inferences about a party's conduct because it failed properly to disclose documents when it came to deciding what losses had been suffered which had been caused by the breach of copyright.

A failure to appreciate what electronic disclosure exists, and to ensure it is preserved, can mean that a client would lose its case unnecessarily.

If you'd like to speak to a member of the team to discuss commercial dispute resolutions, call us or complete our online enquiry form and someone will get back to you.

Testimonials

Ed Burrell was excellent in every aspect of his support in selling my business. He was friendly and pleasant to deal with yet very professional.

- Mr J Ostler, Hereford

Being able to speak to someone when I needed to and how easy they made things for me.

- Mr J Longmore, Ludlow

Dealing with one person when possible. Clear, simple advice.

- Mrs S A Flynn, London

Politeness, clarity of information.

- Mr C Pudge, Worcester

The people we dealt with from the start. Email contact was good and any visits to the Hereford office was productive, easy and a pleasure.

- Mr J Campbell & Mrs M Campbell, Ledbury

Quotes

Kept me up to date in any process made.

- Mr P Haigh, Suffolk

When the lawyer handling my case was not available, his assistant handled the situation very well and kept us informed through to completion.

- Mr P Joyner & Mrs J Joyner, Bromyard

Very professional standards and advice.

- Mr S Barnes & J Barnes, Hereford

Knowledge of all issues regarding house purchase. Used you before four years ago and you're still performing to a high standard.

- Mrs J Ward & Dr J Jenkins, Shrewsbury

Using Lanyon Bowdler twice for two separate issues being completely different. Both were dealt with complete efficient manner, my questions were always answered with honesty and explaination.

- Mr G Martin & Mrs L Rees, Bromsgrove

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