It remains to be seen whether, and, if so, how quickly, there emerges a body of case law or accepted good practice concerning a party’s obligation to give disclosure of electronic documents under the Civil Procedure Rules (CPR).
The fact that most businesses nowadays are likely to produce and hold the great majority of their documents in electronic form means that, when considering a party’s obligations to disclose documents in legal proceedings one will increasingly look first to electronic, rather than physical, records.
