Podcast Location:
Download it here [file size: 25.4 MB]
Part of:
Law in a Digital Age CPD Training Bundle
Categories:
Civil Procedure
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:

This podcast aims to familiarise listeners with the new PD to CPR Part 31 (disclosure) and will be relevant to all practitioners engaged in civil litigation. It will address the background to Senior Master Whitaker’s Working Party on the new procedural rules and how they might assist practitioners to undertake adequate disclosure. It will assess what impact it’s likely to have and how practitioners can seek to get the most out of the new guidance.

With judges increasingly being urged to use their case management powers in an effort to curb excessive cost, every practitioner who is connected to disclosure issues, should listen to this frank appraisal by a leading expert in the field of electronic document management.

Outcomes:
After completing the course you will:
  • Understand the background to the new Practice Direction;
  • Understand the circumstances when the new Practice Direction will apply;
  • Understand what the new Electronic Documents Questionnaire is for and how to use it;
  • Understand the obligations of the parties to preserve and discuss disclosure prior to the first Case Management Conference;
  • Understand what how the courts can assist the parties with e-disclosure where there is no agreement;
  • Be aware of the judges’ approach to case management and costs when disclosure is allowed to run out of control;
  • Be aware of some recent cases in which disclosure (or inadequate disclosure) was an important feature.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legislative Updates
Procedural
Sources and References:
  • CPR Part 31 (Disclosure);
  • CPR Part 31 PD;
  • Electronic Document Questionnaire;
  • Digicel (St. Lucia) Ltd & Ors v Cable & Wireless Plc & Ors [2008] EWHC 2522 (Ch);
  • Earles v Barclays Bank Plc [2009] EWHC 2500 (Mercantile);
  • R (on the application of Shoesmith) v Ofsted & Ors (Includes Ruling and Submissions) [2010] EWHC 852 (Admin).
Tags:

This podcast is about the CPR Practice Direction on e-disclosure annexed to Part 31 and the accompanying Electronic Disclosure Questionnaire that became effective on 1st October 2010.

Podcast added: 01/10/11

Podcast last reviewed: 2011-08-30

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