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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

A very personal service with kind helpful start.

- Dr S Robertson, London

Direct line to acting solicitor.

- Mr H Williamson, Llansantffrraid

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

- Mr Edwards, Worcester

The use of clear modern language and presentation with legal jargon kept to a minimum where possible.

- Mr P King & Mrs D King, Prestigne

As as Welsh speaker, I attach great importance to being able to communicate in Welsh with my solicitor - as I can with him.

- Mr H Jones & R Jones, Llanrhystud

Quotes

Enthusiastic approach to handling cases.

- Tomlinson's Dairies Ltd, Wrexham

The staff made me feel valued and always took the time to listen to my concerns

- Ms Castell, Shrewsbury

How easy it was to speak to her and she explained the situation to me in ways that I could understand.

- Mrs S Mizrahi, Hereford

Direct line to acting solicitor.

- Mr H Williamson, Llansantffrraid

Politeness, clarity of information.

- Mr C Pudge, Worcester

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