Details

Autor(en) / Beteiligte

• Neicho, Vince

Titel

Right direction

Ist Teil von

• Lawyer (London, England : 1987), 2011-11, p.34

Ort / Verlag

London: Centaur Communications Limited

Erscheinungsjahr

2011

Quelle

Business Source Ultimate

Beschreibungen/Notizen

• A practice direction (PD) supplements the Civil Procedure Rules, providing binding direction as to the way in which each rule should be interpreted and applied in practice. So one year after 'PD31B: Disclosure of Electronic Documents' came into force in respect of e-disclosure, it is time to ask if it has it worked and if it has changed anything. On the whole PD31B and the accompanying electronic documents questionnaire (EDQ) have been successful, but the potential is only just being realised. The fact that people are considering and discussing the PD is a big step forward. Prior to the introduction of PD31B - and the judgment in Digicel (St Lucia) & Ors v Cable & Wireless & Ors (2010), which was delivered while Senior Master Whitaker's working party was drafting the PD and EDQ - the requirement for parties to discuss their proposed approach to disclosure was largely ignored and not enforced by the court. Indeed, many practitioners were not even aware of the requirement. It is heartening that such discussions now take place in many more cases.