Overview

The English Civil Procedure Rules (CPR) were amended in 2005 to give more clarity in respect of electronic discovery (ED), yet it was some three years later before a substantive judgment was given in this area.

In Digicel v Cable & Wireless, Mr Justice Morgan highlighted the fact that the parties had not conducted a case management conference to address the subject of ED – as defined in the revised CPR 31. Clearly, most of the issues in the case should have been discussed and resolved at this stage rather than in court.

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