By Dr Tristan Jenkinson Introduction In this series I am looking at the importance of data that is not present. In the previous two articles, I have looked at the use of timelines in identifying missing data, reasons that data from some sources may appear to be missing and considered potential steps to take or … Continue reading The Importance of Data that Doesn’t Exist – Part Three (Missing Metadata – A Case Study)
Category: eDiscovery Case Law
The Disclosure Pilot Scheme (PD51U) – A History of Electronic Disclosure (Part Six)
By: Dr Tristan Jenkinson The Disclosure Working Group As discussed at the end of part five of this series, in May 2016 a new working group was set up by Sir Terence Etherton to investigate the perceived excessive costs, scale and complexity of disclosure in England and Wales. The creation of the working group was … Continue reading The Disclosure Pilot Scheme (PD51U) – A History of Electronic Disclosure (Part Six)
The EDQ, PD31B, Jackson Reforms and the Longest Speech in Legal History – A History of Electronic Disclosure (Part Five)
By: Dr Tristan Jenkinson The Need for Change Cases such as Nichia, Digicel and Earles (Discussed in Part Four) fuelled concerns that parties were not sufficiently addressing the requirements of electronic disclosure. Some saw this to be due, in part, to the failure of parties to appreciate and utilise the newly inserted paragraph 2A within … Continue reading The EDQ, PD31B, Jackson Reforms and the Longest Speech in Legal History – A History of Electronic Disclosure (Part Five)
Foundations of a New Direction – A History of Electronic Disclosure (Part Four)
By: Dr Tristan Jenkinson Introduction In this series, I am discussing the history and development of electronic disclosure in the courts of England and Wales. Previous parts have covered the Rules of the Supreme Court, the Woolf Reforms and the specific inclusion of electronic documents in disclosure. Here, in part four, I discuss some of … Continue reading Foundations of a New Direction – A History of Electronic Disclosure (Part Four)
Including the Electronic – A History of Electronic Disclosure (Part Three)
By: Dr Tristan Jenkinson Introduction In this series I am discussing the history and development of electronic disclosure in the courts of England and Wales. In parts one and two I covered the Rules of the Supreme Court (RSC), Peruvian Guano, the Woolf Reforms and the implementation of the Civil Procedure Rules (CPR). Here in … Continue reading Including the Electronic – A History of Electronic Disclosure (Part Three)
The Courts Who Cried Woolf – A History of Electronic Disclosure (Part Two)
By: Dr Tristan Jenkinson Introduction In this series I am looking at the history and development of electronic disclosure in the courts of England and Wales. In part one (which you can read here) I discussed the purpose of disclosure, the Rules of the Supreme Court (RSC) and the Peruvian Guano case. In part two, … Continue reading The Courts Who Cried Woolf – A History of Electronic Disclosure (Part Two)
A Time of Discovery – A History of Electronic Disclosure (Part One)
By: Dr Tristan Jenkinson Introduction I was recently reading up on some specifics on the history of disclosure in England and Wales, and thought that it would be interesting to expand on that and put together an article on the history and development of electronic disclosure. I soon discovered that there was far more than … Continue reading A Time of Discovery – A History of Electronic Disclosure (Part One)
Potential Drawbacks of Non-Native Disclosure
By: Tristan Jenkinson Introduction Having missed the recent ACEDS webinar on Forms of Production, I caught up this week thanks to a post over on Doug Austin’s eDiscovery Today Blog (which you can find here). The webinar contains many pearls of wisdom from Doug, Tom O’Connor, Director of Gulf Coast Legal Technology Center and Mike … Continue reading Potential Drawbacks of Non-Native Disclosure
Updates and a Case Law Strike Out
By: Tristan Jenkinson Apologies I haven’t posted much recently, for which I apologise. I’m hoping get back to posting regularly now. eDiscovery Today For those who haven’t seen, Doug Austin has started a new blog – eDiscovery Today. Doug (in something of a contrast to the eDiscovery Channel) posts daily on matters relating to eDiscovery, … Continue reading Updates and a Case Law Strike Out
The eDiscovery Channel 