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Electronic disclosure—checklist

Electronic disclosure—checklist Electronic disclosure under the disclosure scheme This Checklist does not cover the obligation of a party to disclose electronic documents under CPR PD 57AD which regulates disclosure under the disclosure scheme applicable to most claims proceeding in the Business and Property Courts. CPR PD 31B has no application to such claims which have an entirely separate arrangement for the disclosure of documents including electronic documents. For guidance on the disclosure of documents under the disclosure scheme, see Practice Note: Disclosure scheme—complying with orders for extended disclosure. The remainder of this Practice Note covers disclosure in claims to which CPR 31 and CPR PD 31B apply. Definition of electronic documents ‘Electronic Document’ is defined in CPR PD 31B, para 5 as being ‘any document held in electronic form’. The definition goes on to give examples of the types of documents within this definition such as text messages, word-processed documents and databases, as well as documents stored on devices such as memory sticks and mobile phones. Although the definition is...

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Disclosure—technical glossary

This Practice Note should be read in conjunction with Practice Note: Disclosure—introduction, or Disclosure scheme—overview depending on which disclosure scheme is in operation in the court in which the claim is proceeding.TermDefinitionArtificial Intelligence (AI)an artificial means of replicating thought processes of the human brain which can result in either extractive (summarising) or generative (creating) AIback-up tapestapes which contain saved data. They are called 'back-up' because the information is copied onto the tapes and is available as a 'back-up'. Can also refer to any other method where data is regularly collected and stored separately for the purposes of risk management. See also incremental back-ups belowbit and byteelectronic data can be measured in bits, which refers to the space taken up. 8 bits = 1 byte. 1 byte is the equivalent of 1 character of text; 1024 bytes = 1 kilobyteChatGPTan example of an AI tool launched in 2022; other models are availableclusteringthis type of search automatically identifies similar documents and places them into groupsconcept searchesthis type of search uses algorithms to...

Disclosure—practical tips on conducting a reasonable search (standard disclosure) [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained.This Practice Note sets out practical tips for conducting a reasonable search for standard disclosure under CPR 31.7 such as timing, the Electronic Documents Questionnaire (EDQ), strategy, proportionality, co-operation and collaboration. Cost shifting is also considered ie shifting the costs to the other party through the court ordering the costs associated with disclosure (or part of it, such as restoration), be apportioned between the parties.This Practice Note ought to be read in conjunction with Practice Notes:•Disclosure—introduction—Conducting the disclosure exercise—practical tips•Disclosure—standard disclosure and the reasonable search•Disclosure—processing documentsThis Practice Note does not cover the provisions of the disclosure scheme in the Business and Property Courts. For guidance, see: Disclosure scheme—overview.GeneralDisclosure can be a daunting task. The following provide tips to try and make the process more manageable:•start early: you should try and start the disclosure process as early as possible. The benefit of doing this is to allow proper collation and review of all the information available. It should also ensure that...

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Procedural order for a remote online hearing in international arbitration

Procedural order for a remote online hearing in international arbitration PROCEDURAL ORDER NO. [insert number] Having considered the parties’ submissions, the Tribunal orders as follows: 1 Hearing by video-conference 1.1 The [insert hearing description] (the Hearing) shall be conducted by video-conference, using [insert name of video-conferencing platform] as the video-conferencing platform (the Platform). The Tribunal considers that this will provide the parties with a fair and reasonable opportunity to be heard. 2 [Prior directions concerning the Hearing] 2.1 [This Procedural Order supersedes [insert references to any prior directions to the extent inconsistent with this Procedural Order or no longer applicable].] 2.2 [[Insert references to any provisions of prior Procedural Orders or other directions by the Tribunal concerning the Hearing that are to continue to apply] shall continue to apply.] 3 Hosting [and technical support] 3.1 [[The institutional case manager/tribunal secretary/case monitor/other person] shall act as the host for the Hearing (the Host). The Host shall liaise with the Tribunal and parties to ensure that the Hearing...

Letter to client about disclosure under the Business and Property Courts Disclosure Scheme

Letter to client about disclosure under the Business and Property Courts Disclosure Scheme PRIVATE, CONFIDENTIAL & PRIVILEGED [Insert name and address of client] [insert date] Dear [insert name of contact at the client] Explaining the disclosure process and your obligations Thank you for your instructions in relation to [insert matter name / details]. [This letter accompanies our retainer OR Our retainer will follow under separate cover]. It [has been confirmed OR is likely OR is possible] that your dispute with [describe other parties] will be dealt with in the Business and Property Courts[ if it proceeds to formal litigation]. The purpose of this letter is to advise you specifically about what disclosure under the Disclosure Scheme (DS) that applies in the Business and Property Courts entails and what you need to know about the process. The DS is aimed at achieving a complete change of culture in the approach to disclosure in civil litigation, so even if you have dealt with disclosure previously, you should carefully review this...

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Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment?

Is an email confirmation considered as adequate to satisfy the 'in writing' requirement for an assignment? An assignment is an immediate transfer of an existing proprietary right, vested or contingent from one party to another. An assignment can either take effect as a legal assignment or an equitable assignment. In answering this Q&A, we have taken into consideration the different types of assignment. Legal assignment A legal assignment will be considered valid so long as it satisfies the requirements under section 136 of the Law of Property Act 1925, this includes that the assignment must be made in writing and signed by the assignor. Under an effective legal assignment, the benefit of the contract is to only be transferred over and the assignment must be in absolute and not conditional or partial assignment. Equitable assignment An equitable assignment will take effect when the any of the requirements for a legal assignment are not satisfied. For example, there is no requirement of written notice to be given...

Must a tenant retain the original hard copy lease or will an electronic version suffice?

Must a tenant retain the original hard copy lease or will an electronic version suffice? Registration In relation to registration, the execution of a legal document via electronic means is acceptable in some circumstances; see Law Society Practice Note: Execution of a document using an electronic signature. This is a useful tool for lawyers now, particularly where parties to a transaction are unable to physically be in the same place to sign. The introduction of electronic signatures stems from the implementation of EU Regulation No 910/2014 (the eIDAS Regulation) which came into effect from 1 July 2016. The Electronic Communications Act 2000 (ECA 2000) came into force in the UK in July 2000, and allows contracts to be concluded by electronic means. It provides for the admissibility of electronic signatures in legal proceedings where the authenticity or integrity of that electronic communication is in question (ECA 2000, s 7(1)). This means that a person can validly 'sign' a document without the need for a 'wet ink'...

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Private Client weekly highlights—9 May 2024

This week’s edition of Private Client highlights includes: (1) Application to Withhold Closed Material: Concurrent Civil Proceedings, in which the Court of Protection approved an application to withhold ‘closed material’ from P’s parents in order to progress a capacity assessment of P; (2) John Tenconi v HMRC, which held that the transfer of company distribution rights was a disposal for CGT; (3) Krishnamohan v Revenue and Customs Commissioners, where the FTT held that certain transactions were not option grants chargeable to CGT; (4) Upham v HSBC, in which the High Court rejected a compensation claim brought by Eclipse film scheme investors against the bank which devised the scheme, and (5) In Re Estate of Constantin Mattas, in which the Royal Court of Jersey rescued a charitable trust mixed with a private purpose.

Dispute Resolution weekly highlights—30 March 2023

This week’s edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including court closing dates over Easter and the Court of Appeal in Manolete Partners plc v Dalal (burden of proof in misfeasance claims); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.