11:45 AM Strategy and Advocacy in eDiscovery
With parties no longer being able to choose "standard disclosure" without significant justification, and with the increased uptake of assistive & automated tools, it is increasingly important for adversaries to co-operate and share information about their proposed disclosure review strategy. That openness allows it to be scrutinized, critiqued and hopefully agreed, failing which it will be decided by the court.
The importance of openness has been highlighted by the recent judgment in Triumph Controls UK Limited & another v Primus International Holding Co. & others in which a party was ordered to redo a significant portion of its disclosure exercise because it had not informed and agreed with the other side a change to its disclosure protocol, as set out in its EDQ, and disclosure failings were apparent to the court.
Being able to properly advocate the use of a specific methodology or technology on proportionality grounds is likely to become a much more important feature of disclosure. Being prepared and able to articulate these arguments before and at the CMC will be fundamental to a successful outcome.
This session will also discuss the role which expert third party disclosure providers can play.