E-Disclosure.
Facing complex data requirements in commercial litigation? Our dispute resolution solicitors provide practical, tailored legal advice to guide you efficiently through the e-disclosure process.
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.
From the first contact, the team at Lanyon Bowdler gave a fast & efficient service. They were very friendly & gave me the confidence that I had found the right solicitors. The advice given & the fast responses were beyond my expectations. The matter was resolved in no time at all.
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.
I was clearly informed of progress step by step. The service you provided was very good.
All work carried out effectively and efficiently.
An excellent service with solicitors that you can talk to and who give you a clear understanding of all necessary legal implications and interpretations.
From start to finish we had excellent service. Friendly, approachable and professional.
Very clear, concise advice and guidance, easy to understand.
Good service provided throughout with clear communication throughout with all options explored.
I can thoroughly recommend the highly professional and supportive service received over the last few months.
Responsive, supportive, approachable, clear and empathetic.
Professional and prompt communication. Supportive and client focused.
Whenever I have had need to contact Lanyon Bowdler I have always received a fast, concise and friendly response.
Definitely would use Lanyon Bowdler again if I need the use of a solicitor.
Smooth and efficient service from very professional firm.
We were particularly impressed with the quality of work, the speed and excellent communication.
Very friendly and approachable. Very good advice
Great Service; Lanyon Bowdler were excellent from the outset. Straightforward and easy process. I just sat back and waited.
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.
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.
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