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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

James was very efficient and understanding. Communication was outstanding. He always made time for us and informed us of every step of the process. 

- Hayley Ann Dickinson, Hereford

Helpful and courteous. Took time to explain complex issues.

- Mr J Barrett & Mrs W Barrett, Oswestry

A complete honest and friendly service from start to finish. Thank you very much. 

- Mr William Peace & Richard Peace, Ludlow

Thank you for doing such a great job for me in court today Stephen. I will take the time to express mine and Keighlys gratitude for the excellent outcome you secured for me from the magistrates, we can't thank you enough.

- Steven Charles Simpson, Shrewsbury

Ellen was very professional and kept me informed at every step of the process - thank you Ellen!

- Mathew H Davies, Holyhead

We found they always listened to what we had to say and replied in Queens English without a lot of legal jargon.

- Mr J Manley & Mrs B Manley, Craven Arms

Sara was superb! Went above and beyond – exceeded our expectations.

- P Salmon, Conwy

Always really happy with the service that I receive from the team.

- Stephen Farnfield