edisclosure PROTOCOL PACK

Transcription

1 edisclosure PROTOCOL PACK Versin January 2015 Intrductin edisclsure Prtcl Guidelines t the Prtcl Guide t edisclsure

2 INTRODUCTION TO THE TeCSA / SCL / TECBAR edisclosure PROTOCOL Versin January 2015 In March 2013, in respnse t the intrductin f the new Civil Prcedure Rules and the Jacksn cst management refrms, TeCSA, TECBAR and the SCL jintly reslved t prduce much-needed supprt fr their members in handling edisclsure and the many attendant issues that it raises. Anecdtal evidence frm practitiners, clients and the judiciary cnfirmed the need fr guidance and the necessary practical tls fr practitiners t underpin the peratin f the newly intrduced Practice Directin 31B and the new Disclsure Reprt and Electrnic Questinnaire. TeCSA established a sub-cmmittee cmprising members f its full Cmmittee, Marie Claire O Hara f Nabarr, Andrew Haslam f Allvisin and Andrew Kennell f FTI Cnsulting t prduce a draft edisclsure Prtcl specifically designed fr use in cases cnducted in the Technlgy and Cnstructin Curt but als capable f being used in any piece f civil litigatin. The Missin Statement fr this wrking grup can be fund in the Appendix t this Intrductin. Given that ne f the principal gals f this initiative frm the utset was t give practitiners access t practical infrmatin abut the edisclsure prcess and t create a mre level playing-field in terms f understanding, it was felt that a guidance dcument was called fr t serve the fllwing tw functins:- a. t serve as a user s manual t assist users f the Prtcl mst effectively t ensure full and ecnmical cmpliance with the new regulatry framewrk f the CPR, Practice Directin 31B and related dcumentatin; and b. t intrduce practitiners wh d nt have extensive experience f edisclsure t this challenging and fast-mving area f practice.

3 The next stage f the prcess was t set up a wrking grup ( the Wrking Grup ) invlving members f all three f the rganisatins invlved with the initiative, and Messrs Kennell and Haslam in an advisry capacity, t develp the draft Prtcl and supprting guidance dcument t the pint where each f the cnstituent rganisatins culd give bth elements its unqualified blessing. The final stage f the prcess was t seek the supprt f the TCC Judges since the inclusin f the edisclsure Prtcl in the TCC Guide has been seen as an imprtant landmark in terms f establishing its status r street-cred and therefre ultimately its usefulness t practitiners and the Curt. In Octber 2013 the incming senir judge in the TCC, Mr Justice Edwards-Stuart, cnfirmed that the Prtcl wuld have the supprt f the TCC judges. The latest versin f the TCC Guide, published in May 2014, prvides (at sectin ) that whilst use f the edisclsure Prtcl is nt mandatry, if parties d nt use it and d nt have an alternative suitable way f dealing with electrnic disclsure, the Curt is likely t rder the parties t use the Prtcl. On 1 Nvember 2013 the edisclsure Prtcl and accmpanying Guidelines (tgether with a useful Guide t edisclsure ) was launched and adpted fr use in the TCC frm 1 January In the latter half f 2014, having cllated feedback n use f the Prtcl frm varius industry members, the Wrking Grup set ut t update bth the Prtcl and the accmpanying Guidelines. Accrdingly, versin 0.2 f the dcuments which are gathered in an edisclsure Prtcl Pack cmprises the fllwing dcuments: this Intrductin; the edisclsure Prtcl (Versin January 2015); the Guidelines t the edisclsure Prtcl (Versin January 2015), including: six appendices prviding examples f prpsed wrding that parties may wish t agree in the Prtcl; a graphic timeline, called the Legal/EDRM Timeline, which sets the scene by cnslidating in graphic frm the regulatry requirements related t edisclsure and identifying the input required frm practitiners t achieve cmpliance (Annex A t the Guidelines); a flwchart utlining the suggested pathway t the first CMC (Annex B t the Guidelines);

4 a checklist t assist in kick-starting the electrnic disclsure prcess (Annex C t the Guidelines); and the Guide t edisclsure which prvides an verview fr practitiners f the disclsure industry, including the types f hardware, sftware, prviders available in the marketplace and a glssary f technical terms. TeCSA, TECBAR and the SCL wuld particularly like t thank Andrew Haslam and Andrew Kennell fr their majr cntributin twards the success f this initiative. Withut their technical and cmmercial understanding f the edisclsure prcess and the jungle f prviders and advisers and different sftware and hardware systems and slutins that make up the marketplace with which practitiners must deal, it is hard t see hw the bjectives f this initiative culd pssibly have been achieved as, we hpe and believe, they have been. Finally, we hpe that the latest versin f the edisclsure Pack cntinues t be used and applied by practitiners in recgnitin f the fact that the edisclsure Prtcl represents a best practice apprach t the thrny and difficult issue f electrnic disclsure in the Jacksn era f civil prcedure. It is in yur hands t accmplish the aims f the edisclsure Prtcl fr the benefit f yur clients and the prfessinal envirnment in which litigatin is cnducted in this cuntry. 9 January 2015

5 APPENDIX TeCSA edisclosure WORKING GROUP MISSION STATEMENT 1. The Wrking Grup's bjective is t prvide TeCSA members with guidance, knw-hw and training n E-Disclsure t raise members understanding f what is required in practice t meet their E-Disclsure bligatins under the CPR and hw best t manage the practical and technical cmplexities f the prcess cnsistent with best practice and the new cst management and ther rules implementing the Jacksn refrms. A key gal in this missin is t reduce the disparity in terms f knwledge and experience that currently exists amngst practitiners which cntinues t affect the efficiency and csteffectiveness f the litigatin prcess and which is a cntinuing cause fr cncern fr the TCC judges. 2. T achieve this bjective the Wrking Grup has reslved t: Prduce an E-Disclsure Prtcl in cnjunctin with TECBAR and SCL, specially designed t meet the particular needs f TCC business, fr cnsultatin with the TCC Judges this summer with a view t its incrpratin int the new TCC Guide in Autumn 2013 as representing a best practice cde r set f guidelines with which they will require r at least expect familiarity and cmpliance; T assist the TCC Judges in managing the E-Disclsure Prcess; Prduce a pr frma Disclsure Reprt (t be served 14 days befre the first CMC) fr cnsultatin with the TCC Judges; Establish and maintain a bdy f E Disclsure knw hw material n the TeCSA website which will be available t TCC users ;and Establish a training prgramme t educate TeCSA members in legal, technical and practical E-Disclsure issues. 3. The rle f the E-Disclsure Prtcl will be twfld: T prvide valuable and infrmed guidance t TCC users n current best practice fr giving E-Disclsure in the TCC Curt. Such guidance is designed t enable users t fully understand and meet their E-Disclsure bligatins under the CPR in practice and t prmte and facilitate a c-perative apprach between parties t the prcess helpful nt nly t them but als t the curt in ensuring that the brader case and cst management bjectives are met. It is als hped that in the shrt term parties will adpt

6 the guidance by agreement t regulate the manner in which E-Disclsure issues will be addressed in prceedings taking place in the TCC. In the lnger term, fllwing its inclusin in the frthcming editin f the TCC Guide, t prvide a best practice cde and set f guidelines specially designed fr users f the TCC curt with which the curt will expect users t be familiar and t cmply unless there are special reasns why it wuld nt be apprpriate t d s. 12 April 2013