0800 652 3371

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

Kept me up to date in any process made.

- Mr P Haigh, Suffolk

Everyone was kind and understanding, she was brilliant - explained every part of the procedure. Totally recommend Lanyon Bowdler's services.

- Mrs A Harris, Ludlow

Ed Burrell was excellent in every aspect of his support in selling my business. He was friendly and pleasant to deal with yet very professional.

- Mr J Ostler, Hereford

We were kept up to date with progress and probate was compleated within the estimated time

- Mr Edwards, Worcester

Listened well, advised well.

- Gower House Ltd, Newport

Quotes

Very patient - my own records weren't the best.

- Mr J Pearson, Oswestry

Very professional standards and advice.

- Mr S Barnes & J Barnes, Hereford

Helpful and courteous. Took time to explain complex issues.

- Mr J Barrett & Mrs W Barrett, Oswestry

Staff are most helpful and understanding

- Mrs Edwards, Oswestry

She and her team were amazing and without fault during our house purchase. I couldn't imagine us using anyone else in the future. The team will be easy to recommend.

- Mr Roberts, Shrewsbury

Latest Case Study

Forward Thinking Advice For Family Run Businesses

A private company limited by shares, being owned by a married couple and thei...

Read More

Latest News

17 Apr 2019

CASE UPDATE: Can parties agree to extend time of determination for prior approval applications?

Permitted development rights are simpler developments which do not require a formal application for planning permissi...

Read More
16 Apr 2019

Breakthrough blood test now available to test for pre-eclampsia

It has recently been reported that pregnant women in England will now be able to have a blood test, which can check f...

Read More
16 Apr 2019

Bromyard Speed Festival 2019

We have an office in Bromyard, an historic Herefordshire market town with a wealth of mediaeval half-timbered and vic...

Read More