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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

Jennifer was incredibly helpful, patient, knowledgeable and informative throughout our lease renewal and we would highly recommend her services. Navigating the negotiations and legalese was initially daunting but Jennifer made everything clear and simple to understand and provided clear and concise recommendations throughout the process. 

- Mr B Simpson, My Workwear

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

- Mr T Graves, Shrewsbury

Detailed and up to date knowledge of our case throughout the whole process.

- Mr P Hill & Dr L Hill, Lincoln

Excellent, friendly, positive and extremely helpful. Nothing too much trouble - a job well done.

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She was supportive and very helpful - will be recommending to others who need a similar service.

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I was competely satisfied with all aspects of the service.

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Going beyond the responsibility expected to ensure the satisfaction of the client.

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