One of the questions in the Legal Week/ Kroll Ontrack Insight survey was essentially a trick one. Litigation lawyers were asked whether they were aware of the UK case law relating to the disclosure of electronic documents, the catch being that, at present, there is none on this side of the Atlantic.
In the US, a considerable body of case law (albeit mostly in the form of first instance decisions) governing the disclosure of electronic evidence has developed – a stark contrast to the situation in the UK where, currently, the only rule is that there are no rules.
