Overview

There is a popular aphorism that a dyers hand is always stained by the elements he works with. Likewise, it seems that a solicitor’s reputation for probity can easily be tainted by basic flaws in the handling of electronic disclosure. The recurring theme in most cases where solicitors have given inadequate e-disclosure is that the defaulting parties prepared poorly and made nominal efforts to agree e-disclosure parameters with the opposition. This unilateral approach contravenes the Civil Procedure Rules (CPR) and has been rejected by the courts. The recent spate of rulings on e-disclosure failures has been covered widely by various interest groups, each promoting parochial solutions. What is missing is a recursive framework for early discussions as required by the CPR.