A matter of timing
The costs of disclosure have rocketed in recent years with the shift from paper to electronic documents. The growth of email, together with the increased use of portable digital devices, has combined to produce an explosion in the volume of documents created by businesses, and the courts have now begun to take notice. Lord Justice Jackson has identified the disclosure process as one of the main causes of excessive litigation costs, and a string of recent judgments have penalised litigants for failing to properly manage their disclosure exercises.
Disproportionately large e-disclosure costs can be remedied with early and diligent data retrieval and categorisation methods, say Kevin Butteril and Mike Brown
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