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: Legal
The Importance of Data that Doesn’t Exist – Part Two (Missing Data Sources)
By Dr Tristan Jenkinson Introduction In part one of this series of articles, I spoke about the importance of data that is not present, and the use of timelines in investigating where missing data may exist. In this article, I discuss data that may be missing (or may appear to be missing). Those working in … Continue reading The Importance of Data that Doesn’t Exist – Part Two (Missing Data Sources)
A Conflicted Expert and Holiday Illness Claims
By: Dr Tristan Jenkinson The Case in Bux Recently, Gordon Exall posted regarding the decision in Bux v The General Medical Council. The case highlights the importance of an expert witness’s duties – in particular with regard to the disclosure of conflict of interest. While the Bux case relates to the medical profession, the comments … Continue reading A Conflicted Expert and Holiday Illness Claims
EU/UK Data Flows – An Update
By: Dr Tristan Jenkinson Following on from my previous article, the Financial Times are reporting that they have seen a draft decision from the European Commission which finds that the UK does have adequate data privacy protections in place. The decision, which the FT suggest is expected to be approved some time this week, would … Continue reading EU/UK Data Flows – An Update
EU/UK Data Flows – The Brexit Deal Implications
By: Dr Tristan Jenkinson Introduction With a Brexit Trade and Cooperation deal now announced, topics such as fishing, free trade and the level playing field have dominated the headlines. There has been little coverage of the agreements and implications for data flows between the UK and EU. An interim agreement on data has been reached, … Continue reading EU/UK Data Flows – The Brexit Deal Implications
Van Buren – A Case Revisited
By: Dr Tristan Jenkinson The case of Van Buren v. United States is currently being heard in the US Supreme Court. I have written about the case before commenting that the case could have an effect on how employees who steal or sell data that was collected through their work can be held to account. … Continue reading Van Buren – A Case Revisited
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 eDiscovery Channel 