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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

Very quick at sorting our Wills. He was great to deal with, nice guy!

- Mr L Onions & Mrs E Onions, Craven Arms

Listened well, advised well.

- Gower House Ltd, Newport

Excellent, friendly, positive and extremely helpful. Nothing too much trouble - a job well done.

- Mrs P Moore, Mrs S Price

I always felt you were working in my best interests, but you didn't sugar coat or patronise me. My case was complex and I appreciated the professionalism shown and how the legal system "worked"

- Mrs J Bradford, Stafford

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

Quotes

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

Great communication and persistence with difficult defendant.

- Mr J Partington, Whitchurch

I found them straightforward and polite, and a nice receptionist, that helped put me at ease.

- Mr R Francis, Ludlow

As as Welsh speaker, I attach great importance to being able to communicate in Welsh with my solicitor - as I can with him.

- Mr H Jones & R Jones, Llanrhystud

Kept me up to date in any process made.

- Mr P Haigh, Suffolk

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