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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

Very personable solicitor who spoke in plain English and was approachable.

- Mr J Hughes, Church Stretton

Politeness, clarity of information.

- Mr C Pudge, Worcester

The welcome at reception and the relaxed atmosphere when discussing things with the person handling the sale of my property.

- Mr W Ward, Oswestry

Ed clearly pays attention to detail and most importantly was diligent in ensuring my interests were best catered for. 

- Mr J Ostler, Hereford

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

- A A, Shrewsbury

Quotes

Very good team across many disciplines.

- Woodland Heritage Ltd, Surrey

Excellent representation in court

- Mr Gibson, Telford

Politeness, clarity of information.

- Mr C Pudge, Worcester

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

- Mr P Hill & Dr L Hill, Lincoln

Very quick at sorting our Wills. He was great to deal with, nice guy!

- Mr L Onions & Mrs E Onions, Craven Arms

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