Electronic Evidence & E-Disclosure Handbook


 Electronic Evidence & E-Disclosure Handbook By Peter Hibbert

Author Peter Hibbert
Publication Date Jan, 2016
ISBN 9780414055391
Publisher Sweet & Maxwell


Electronic Evidence and E-Disclosure Handbook by Peter Hibbert provides step-by-step instructions on how to project-manage, seek, preserve, and analyse electronic documents for legal review, as well as detailed information on how to comply with CPR Part 31 in civil litigation cases in England and Wales.

Lord Justice Jackson stated in his Report on Civil Litigation Costs that e-disclosure has arisen as a new and essential component of disclosure. In many circumstances, it is now considered as a requirement rather than an optional training for parties. Judges, attorneys, and counsel must consequently have a comprehensive and up-to-date grasp of the procedure, as well as the ever-increasing and evolving technology available and how it works.

The author uses reader-friendly language to describe the technology involved in his Handbook, beginning with fundamental principles and progressing to a better knowledge of some of the more complex analytical methods. With a technical expertise and terminology to match, the book educates attorneys on how to interact convincingly with corporate clients' IT departments, e-discovery providers, and even seasoned judges. The E-Disclosure and Electronic Evidence Handbook:

• outlines where to look for essential information.
• explains what software tools are available and what they accomplish (in terms of collecting, processing, reviewing and analysing the data).
• demonstrates how e-disclosure software tools display data on-screen to allow attorneys to search and evaluate – including screenshots of a range of e-disclosure software tools, illustrating how data is really shown on-screen to enable lawyers to search and review.

Electronic Evidence takes the reader through the disclosure requirements of CPR part 31, specifically Practice Direction 31B, highlighting key topics such as:

• counselling the customer on the importance of data preservation and its consequences for company operations.
• getting ready for the first CMC, including how to undertake the appropriate technology and disclosure conversations.
• how to prevent consequences against the client and the lawyer for failing to provide information.

The Electronic Evidence and E-Disclosure Handbook is a comprehensive guide that goes beyond UK law. The author addresses concerns that may occur when relevant data is held in other jurisdictions, as well as legal, logistical, and technological issues that may arise when moving electronic data into and out of England and Wales' jurisdiction.

'I predict that it will become the vade mecum for any lawyer undertaking significant civil action,' Lord Justice Jackson said in the prologue to the Handbook.

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