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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

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

- Mrs L Dowbiggin, Much Wenlock

Friendly and understanding in an awkward situation.

- Mr R Jones, Ruthin

Natasha Gibbons was very easy to talk to, I felt at ease with her, and she always kept me up to date with the case. She has provided excellent service throughout.

- Mrs C Roberts, Gwynedd

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

- A A, Shrewsbury

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

- Mrs S A Flynn, London

Quotes

Staff are most helpful and understanding

- Mrs Edwards, Oswestry

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

- Mrs L Dowbiggin, Much Wenlock

A very good service - it simplified the appeal process for me considerably which went very smoothly.

- Mr P Griffiths, Telford

She replied to my emails and concerns almost immediately, including evenings and weekends!

- Mrs E Turner, Hereford

Patient, knowledgeable and extremely professional

- Ms Groucott, Telford