E-Disclosure.

E-disclosure Legal Advice & Disclosure Law.

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 England and Wales 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 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.

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Since dealing with Lanyon Bowdler they have been diligent, efficient and at all times very helpful along with being structured in dealing with matters, fees and clarity on all levels. Thank you.

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I was clearly informed of progress step by step. The service you provided was very good.

Peter Weston
Shrewsbury

All work carried out effectively and efficiently.

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An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.

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From start to finish we had excellent service. Friendly, approachable and professional.

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Very clear, concise advice and guidance, easy to understand.

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Telford

Good service provided throughout with clear communication throughout with all options explored.

Lee

I can thoroughly recommend the highly professional and supportive service received over the last few months.

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Responsive, supportive, approachable, clear and empathetic.

Lisa Thacker

Professional and prompt communication. Supportive and client focused.

Lisa Thacker
Jennifer M Whittall Ltd

Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.

Lee Mortimer
UK Case Management

Definitely would use Lanyon Bowdler again if I need the use of a solicitor.

Mark Bowkett
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Smooth and efficient service from very professional firm.

Tim
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We were particularly impressed with the quality of work, the speed and excellent communication.

Allenby Douglas Ltd
Oswestry

Very friendly and approachable. Very good advice

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Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.

Paul Rowe
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Everything has been professional, efficient and courteous throughout and we are very pleased, both with the service and with the eventual outcome of our case. Everything was first class and exceeded our expectations. Thank you again for providing such splendid service. It is really appreciated.

Mr N J & Dr S J Browne
Llanfyllin

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Our people

Meet the team.

Andrew Pegg
Andrew Pegg
Partner
Commercial Dispute Resolution | Disputes & Court Claims
Brian Evans
Brian Evans
Partner
Management Team | Agriculture
Claire Yardley
Claire Yardley
Partner
Commercial Dispute Resolution | Disputes & Court Claims
Nicola Davies
Nicola Davies
Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
Katie Baker
Katie Baker
Associate Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
Emily Mouland
Emily Mouland
Trainee Solicitor
Commercial Dispute Resolution | Disputes & Court Claims
Knowledge

Case studies.

Case Study
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Inheritance Act Claim

The deceased was a businessman, who owned various properties and other assets. He also owned the family home, where he h...
Claire Vale • 26 Feb 2024
Knowledge

Latest knowledge.

Case Study
Lanyon Bowdler case study icon

Inheritance Act Claim

The deceased was a businessman, who owned various properties and other assets. He also owned the family home, where he h...
Claire Vale • 26 Feb 2024
Blog

Ten Reasons to Mediate

Mediation is a form of alternative dispute resolution that has gained popularity in recent years. It is a process w...
Brian Evans • 16 May 2023
Blog

Mediation: Top Ten Tips

Commercial mediation is an effective way to resolve disputes and reach a mutually acceptable agreement. Preparation...
Brian Evans • 13 Apr 2023
Blog

Mediation: Choosing a Mediator

Choosing a mediator is an important decision. The mediator will play a crucial role in resolving your dispute. Here...
Brian Evans • 06 Mar 2023
Blog

Mediation: BATNAs and WATNAs

BATNA and WATNA are two key concepts in mediation and negotiations. BATNA stands for “Best Alternative to a N...
Brian Evans • 06 Feb 2023
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