![Pre-CMC E-Disclosure Timeline
Much emphasis is given to the new pre-CMC deadlines imposed by Jackson in April 2013,
and there have already been a number of high-profile dressing downs of parties who
have not adhered to them - the now infamous Mitchell being the main example of this.
When it comes to e-disclosure, if the parties have exchanged an Electronic Documents
Questionnaire (form N264), they should file it with their Disclosure Report no less than
14 days prior to the first CMC, and discuss disclosure no less than seven days in
advance. A naive lawyer will leave it to the last minute before looking to address these
two requirements.
As Rix LJ in Nichia v Argos [2007] EWCA Civ 741 said ‘Indeed, it is hard to think that
even before launching proceedings, a claimant has not carried out, in its own interests,
such a review of its own documents as will in all probability have already met, or all but
met, the requirements of a reasonable search’.
For example, I recently assisted a lawyer in the completion of the EDQ 15 days in
advance of the first CMC. This assistance involved helping them to formulate a
questionnaire for the client’s IT team and then subsequently collating and analysing the
responses. I am sure that while the client was contemplating litigation they would have
gone through a similar process internally, to find where relevant information might exist.
Also, to ensure they were complying with their duty to preserve, an exercise must have
been carried out to discover where information exists in order to preserve it.
The Technology and Construction Solicitors’ Association (www.tecsa.org.uk) have
published an e-disclosure protocol and associated guidance. Within the guidance there is
a diagram that outlines the different stages of litigation and the actions in relation to e-
disclosure that need to be taken at each stage. This is a very useful reference point and I
would urge any lawyer faced with a case which may involve the searching and disclosure
of electronic documents to refer to this, even if the case is not in the TCC.
For more advice and guidance on completing the EDQ, on e-disclosure, or information on
any of CCL’s products and services, please call us on 01789 261200, email
edisclosure@cclgroupltd.com or visit the UK’s leading supplier of electronic disclosure
and digital forensics consultancy, including: computer forensics, mobile phone
forensics and digital investigation services.](https://image.slidesharecdn.com/pre-cmce-disclosuretimeline-140718015448-phpapp01/85/precmc-edisclosure-timeline-1-320.jpg)
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Pre-CMC E-Disclosure Timeline
- 1. Pre-CMC E-Disclosure Timeline Much emphasis is given to the new pre-CMC deadlines imposed by Jackson in April 2013, and there have already been a number of high-profile dressing downs of parties who have not adhered to them - the now infamous Mitchell being the main example of this. When it comes to e-disclosure, if the parties have exchanged an Electronic Documents Questionnaire (form N264), they should file it with their Disclosure Report no less than 14 days prior to the first CMC, and discuss disclosure no less than seven days in advance. A naive lawyer will leave it to the last minute before looking to address these two requirements. As Rix LJ in Nichia v Argos [2007] EWCA Civ 741 said ‘Indeed, it is hard to think that even before launching proceedings, a claimant has not carried out, in its own interests, such a review of its own documents as will in all probability have already met, or all but met, the requirements of a reasonable search’. For example, I recently assisted a lawyer in the completion of the EDQ 15 days in advance of the first CMC. This assistance involved helping them to formulate a questionnaire for the client’s IT team and then subsequently collating and analysing the responses. I am sure that while the client was contemplating litigation they would have gone through a similar process internally, to find where relevant information might exist. Also, to ensure they were complying with their duty to preserve, an exercise must have been carried out to discover where information exists in order to preserve it. The Technology and Construction Solicitors’ Association (www.tecsa.org.uk) have published an e-disclosure protocol and associated guidance. Within the guidance there is a diagram that outlines the different stages of litigation and the actions in relation to e- disclosure that need to be taken at each stage. This is a very useful reference point and I would urge any lawyer faced with a case which may involve the searching and disclosure of electronic documents to refer to this, even if the case is not in the TCC. For more advice and guidance on completing the EDQ, on e-disclosure, or information on any of CCL’s products and services, please call us on 01789 261200, email edisclosure@cclgroupltd.com or visit the UK’s leading supplier of electronic disclosure and digital forensics consultancy, including: computer forensics, mobile phone forensics and digital investigation services.