Some really interesting views in this article by Helena White from Hadwicke here.
This is especially useful if you look at the commentary section at the end which covers off the lessons learnt.
I really resonated with Helena’s second conclusion here. Namely, to make sure you seek the appropriate amount of disclosure in relation to the stage of proceedings. She says “the requirements for disclosure are representative of what is needed at the stage of proceedings in order not to burden both sides with the increased workload of producing and finding the relevant documents, and the extension of time and increase in costs inevitably incurred with such process. Thus, ensure the reason for seeking the disclosure of said documents is needed at the particular stage of action, not just in the context of the proceedings as a whole.”
This really highlights to me why it is so important to consider tech and data early on in the disclosure process, so that you don’t lose valuable time later down the line.
Despite this judgment being relatively short, there was nonetheless useful guidance on disclosure. First, keep the categories for disclosure to a minimum or as necessary. It is the role of the lawyers, particularly at the early stage of proceedings, to distil the main elements of the dispute and seek to amalgamate those elements into themes in order to direct the other party and court to the essence of the claim (or indeed defence). By doing this, there will most likely be less documents to sift through but still enough evidence to plead the matter properly whilst having the benefit of saving on time and cost.