Electronic Disclosure: Law and Practice

ISBN : 9780198778929

Michael Wheater; Charles Raffin
512 ページ
171 x 246 mm

Electronic disclosure of evidence is now an unavoidable aspect of litigation. With technology continually advancing and reliance on electronic devices growing rapidly, eDisclosure is becoming more and more important. Yet many practitioners, both litigators and arbitrators, are still grasping the complex practical and procedural aspects of eDisclosure. Written by experienced practitioners from Hardwicke, London, this work offers in-depth analysis of the law and practice of eDisclosure in an accessible and user-friendly format. Covering all aspects of eDisclosure from domestic litigation to international arbitration, this book combines legal analysis with practical advice to guide practitioners seamlessly through the stages of disclosure and associated document production; from the identification of relevant documents, through the collection and preservation of electronic evidence, to the analysis and presentation of data, both before courts and in arbitration. This work also includes in-depth commentary on critical legal issues and practical challenges that arise in relation to eDisclosure, such as dealing with ever growing sources of electronically stored information (like social media and cloud computing storage), and identifying ways and means to ensure that eDisclosure and production is conducted as efficiently as possible. This book will provide practitioners with a practical guide for understanding the rules and procedures of eDisclosure, making it an essential reference for anyone looking to use electronic evidence.


Part I: Introduction
1 Introduction
2 The Nature and Types of Electronically Stored Information

Part II: The Law of E-Disclosure
3 Principles of Disclosure
4 E-Disclosure in Litigation
5 Objections to Disclosure and Inspection
6 Disclosure Applications
7 Cross-Border Issues in EDisclosure
8 EDisclosure in Domestic and International Arbitration

Part III: E-Disclosure in Practice
9 Identification and Preservation of Electronic Information
10 Collection of Electronic Information
11 Processing
12 Predictive Coding
13 Review and Analysis
14 Production
15 Presentation
16 Procurement

Appendix I: CPR Part 31
Appendix II: CPR Practice Direction 31B
Appendix III: The TECSA/TECBAR Protocol and Guidelines
Appendix IV: CIArb Guidance


Michael Wheater is a Commercial and Insurance specialist with a particular focus on construction and engineering disputes and professional negligence claims. Michael is also well placed to advise on effective and efficient methods of handling e-disclosure and information management, and regularly lectures on the topic.; Charles Raffin specialises in commercial dispute resolution and commercial chancery work, and has a wealth of experience in domestic and international arbitration. Charles has a great deal of experience advising on electronic data management and the preparation of witness evidence in document heavy cases of the highest value.