The preliminary report by Lord Justice Jackson for his Civil Litigation Costs Review is wide-ranging. SCL members may have a special interest in the coverage of e-disclosure in the report.
While all of the ‘Jackson Report’, published on 8 May, is of interest to all practising lawyers, and many of their clients too, it has very considerable coverage of one area that will be of special interest to SCL members. Part 8 begins with an analysis of e-disclosure (Chapter 40).
Chapter 40 is likely to be an important ongoing reference point for all involved with e-disclosure. It is an effective primer on the subject of e-disclosure and reflects the main run of opinion on ways forward. It also includes, when taken with Appendix 19, a guide to market costs – although that might well be an unexpected by-product of this element of the report. If you are in negotiation with a litigation support services supplier, Chapter 40 is unmissable.
It is important to note that Chapter 41 of the report deals with disclosure generally and e-disclosure is dealt with in context there.
It might be easy to miss the opening coverage of the work done in compiling the report and, perhaps of particular interest, the view expressed by the GC 100 Group (group counsel to the FTSE 100 companies) that ‘New developments in e-disclosure are unlikely to make major inroads. The true costs lies in gathering, organising and reviewing material (most of which is held electronically anyway)’ (Chapter 10, para 2.5).
The report is posted in two volumes and can be accessed here. Chapters 40 and 41 are in volume 2.