This is an interesting write up by Sonia Ghai from Charles Russell Speechlys on the Zverev v Ace Group International Ltd  EWHC 3513 (Ch) case which considered a specific disclosure request for documents referred to in an expert report.
Now I cannot comment on the legal dimensions of this matter, or respond directly to the comments that the author makes, but from a technological perspective, I think there are two learning points from this case:
- When considering the document population that needs to be taken into account during a dispute, it is important to consider the documents and data that any experts may require as part of their work. Predominantly as these can often diverge for those specifically of reference to the core matters of the case;
- When dealing with specifically highly confidential or sensitive data, it is well worth considering the use of a “confidentiality club” to help manage and control access. This is something that is fairly easy to achieve using current technologies and we often use it on relevant cases. The level of access can be controlled very granularly, plus additional security measures can be implemented as well as enhanced reporting functionality to help control and monitor access to these documents. This can provide additional comfort around the process.
If you’d like to know more, please do not hesitate to reach out.
It is interesting to note that, despite the case appearing to fall squarely within the provisions of PD 51U, the court chose to use its case management powers to control evidence. Paragraph 21 is couched in wide terms and is expressly subject only to considerations of reasonableness and proportionality. Yet the court’s decision highlights a point that may not be immediately apparent to practitioners: that is, a party’s ability to obtain copies of documents may be limited only to those within the control of the litigating party, not simply any document referred to by the expert.