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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.

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Superb in dealing with my case and care. I was extremely happy with the service and staff.

- Mr C Verlon, Telford

A nice bright welcoming office with very polite, friendly and helpful staff. Very efficient service.

- Mr N Bakewell & Mrs J Bakewell, Worcester

We would like to offer our sincere gratitude for the kindness, understanding and professionalism you have given during this very difficult time. We would not hesitate to recommend the services of Lanyon Bowdler.

- Ms H Gardiner, Herefordshire

When the lawyer handling my case was not available, his assistant handled the situation very well and kept us informed through to completion.

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Very polite members of staff, took the time to explain everything to us.

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Ed provided utmost confidence throughout the process and I would have no hesitation in recommending him to other clients.

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Excellent service in a clear and concise manner.

- Derwen College, Oswestry

Ed clearly had a heavy workload at the time, yet ensured everything was completed in appropriate timescales including working extended hours.

- Mr J Ostler, Hereford

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