Related Legal Updates

Disclosure in Litigation – of what?

by Anthony Kallay | Apr 15, 2010

Litigating parties are required by the Court to undertake a reasonable search for and disclose to the other party, all paper and electronic documents relating to a dispute, which are or have been in their control.

The obligation to disclose includes those documents which adversely affect a party’s case and not just those which support it. Traditionally lawyers were tasked with identifying, preserving and producing documents to be disclosed to the other party.

However, as a result of the growing electronic age in which we find ourselves, parties have to be aware of the requirement to disclose documents electronically given that most modern business communications are carried out electronically and stored on emails, servers, databases, spreadsheets, voicemail and even text or social networking sites!

With this in mind it is essential that parties address their increasing responsibilities by ensuring an electronic storage information policy is in place and be alert to the fact that if they fail to comply with their obligation of disclosure then the Court may impose a Costs Order against that party. A party’s solicitor will be able to advise what documents should or should not be disclosed.

For further details, please contact Estelle Dimelor, Head of Dispute Resolution Spratt Endicott on 01295 204106 or email edimelor@se-law.co.uk