This is an interesting one by Edward Spencer and Lizzie Hancock over at Taylor Wessing.

Gary Foster in my team and I discussed this earlier, and we both agreed that this is the key bit:

“A robust and defensible collection process, with data of all types being extracted and processed in a forensically sound way, isn’t a corner to be cut. Before taking any step which is not in full compliance with the rules, you should seek to reach agreement with the other side as to an appropriate approach.”

Ensuring messages from the mobile are collected in a forensic manner with the view of disclosure requirements is key. Our tools and leading forensic tools allow you to slice and dice chat data into whole conversations or into separate days or into separate messages so we can load everything into Rel meaning. Plus, if we need to disclose, we have options and the redaction required would be minimal. Not only this but advancements in eDiscovery chat views in last few years means handling and producing mobile data and other chat data is pretty straightforward, so there really is no excuse for not doing it properly.

Also, it’s ever so important to agree disclosure protocols in advance – saying to the other side ‘this is how I will disclose – this is the format, and this is the metadata’- ahead of disclosure should mean situations like this do not occur.