Podcast Location:
Download it here [file size: 26.7 MB]
Categories:
Employment Law
Disclosure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In today’s digital age we are faced with many issues relating to various types of e-disclosure matters. With changes to the disclosure rules coming into force in April 2013 it is vital that practitioners are aware of how the stringent rules relating to e-disclosure are going to be affected. This two-part podcast series provides a comprehensive analysis of what e-disclosure encompasses. Part One begins by unpacking e-disclosure and addressing the problems that can arise when using this method of disclosure. It also outlines the test for standard disclosure before analysing Optical Character Recognition (OCR). Part Two then continues to discuss OCR before outlining the process of ‘de-duplication’. It addresses the courts' approach to ‘predictive coding,’ sets out the different applications that can be made to the court regarding e-disclosure and provides a guide for litigators when selecting e-disclosure services.

Outcomes:
After completing the course you will:
  • Understand what e-disclosure is and the problems that can arise when using this method of disclosure;
  • Have considered why the provisions regarding e-disclosure are important for employment lawyers;
  • Understand the test for standard disclosure;
  • Have considered what to do before and after litigation has been contemplated in cases involving e-disclosure;
  • Appreciate what the Electronic Documents Questionnaire is;
  • Be aware of what a 'keyword search’ is;
  • Understand what Optical Character Recognition means and the obligations set out in Practice Direction 31B;
  • Understand the process of ‘de-duplication’ and the problems associated with it;
  • Have considered ‘e-mail threading’ and ‘predictive coding’ and the way in which they work in practice;
  • Be aware of the different applications that are made to court regarding e-disclosure;
  • Appreciate what to consider when purchasing e-disclosure services.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Legislative Updates
Practical Guide
Sources and References:
  • Al-Sweady v Secretary of State for Defence [2009] EWHC 2387 (Admin);
  • Digicel (St Lucia) v Cable and Wireless [2008] EWHC 2522 (Ch);
  • “Documentation Categorization in Legal Electronic Discovery: Computer Classification vs Manual Review” – Journal of the American Society of Information Science and Technology, 61(1): 1-11, 2010, Roitblat, Kershaw and Oot;
  • Earles v Barclays Bank plc [2009] EWHC 2500 (Merc);
  • Fletcher & Son v Jubb, Booth & Helliwell [1920] 1 KB 275;
  • Goodale v MOJ [2009] EWCA B41 (QB);
  • Nichi Corporation v Argos Ltd. [2007] EWCA Civ 741 (CA);
  • Practice Direction 31B – Disclosure of Electronic Documents;
  • Shah v HSBC Private Bank (UK) Ltd. [2011] EWCA Civ 1154;
  • “Technology-Assisted Review in E-Discovery Can Be More Effective and Efficient Than Exhaustive Manual Review” – Richmond Journal of Law and Technology, Vol. XVII, Issue 3, Grossman and Cormack;
  • Vector Investments v Williams [2009] EWHC 3601 (TCC);
  • West African Gas Pipeline Company Ltd. V Willbros Global Holdings Inc. [2012] EWHC 396 (TCC).

In this two-part CPDcast series, Paul Epstein QC from Cloisters discusses e-disclosure and the problems associated with it. The podcasts outline why these matters are of relevance to practitioners and what they should consider when purchasing e-disclosure services.

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 29th October 2012

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