0800 652 3371

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 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

They were very experienced and very professional, offering a top class service

- Mr V Jones, Pontesbury

Great, friendly staff - really approachable and professional. Never pushy!

- Fairfield High School, Hereford

He was great, he listened and suggested the best course of action - thank you.

- Mr T Graves, Shrewsbury

Prompt response, clear advice.

- Dr A Geeson & Dr N Geeson, Hereford

I am extremely grateful to Stephen in the way in which he handled my case and represented me at court.

- A A, Shrewsbury

Quotes

How easy it was to speak to her and she explained the situation to me in ways that I could understand.

- Mrs S Mizrahi, Hereford

Communication surrounding my injury claim was excellent with other departments within the firm.

- Mrs L Dowbiggin, Much Wenlock

We had complete trust and confidence that our best interests were being looked after at all times. A quality service provided by them.

- Mr D Meredith & Mrs E Meredith, Shrewsbury

I had requested information and advice from various other solicitors prior to calling Lanyon Bowdler and found that she was the only one to take the time and explain how the Help to Buy ISA worked.

- Mr M Shaw & Miss G Frankfort, Market Drayton

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