edisclosure myth or reality? » CPR

Data Tidings in blog-chats

admin — Sat, 05 Jan 2013 02:00:11 +0000

Data is not just data anymore, its Big Data

Out goes tera/petrabytes instead use ‘Big’

Big also heralds in Hadoop (& Hive & Pig etc)

These ‘animals’ and their Open Source playgrounds will change EDD (Electronic Discovery & Disclosure) software/services.(for the better!)

Will there be a Magic Quadrant EDD tackling Big +Cloud+ Open Source?

There are signs that the EDD rules (i.e. FRCP and CPR) will be revised (for the better?)

Here (England & Wales), the CPR will be revised/changed in April.

My 2013 EDD data recipe ; beware of stale data, don’t ingest ‘all-you-can-eat’ [3 mobile]data, and stay clear of everything-but–the-kitchen-sink EDD approach.

Kick starting the 2013 calendar with blog-chats!

Practice Direction 31B – PD 31B

Thu, 07 Oct 2010 14:18:03 +0000

The 53rd update to the Civil Procedure Rules (CPR) is effective from 1 October 2010 which also introduces changes to e-disclosure.
Note from the justice.gov.uk site;
Part 31 Disclosure and Inspection of Documents and new PD31B Disclosure of Electronic Documents

A new Practice Direction is introduced to regulate the approach practitioners should take when considering material relevant to a case which is stored electronically. In particular it aims to focus the parties on the sources of electronic material and give guidance to those with less experience of dealing which such issues. This will apply to cases that are or likely to be allocated to the multi-track. The rule change supports the new Practice Direction by confirming that the questionnaire may be treated as a disclosed document. Note: Form N150 is amended to support this change.

A typographical error in PD31B (Question 8 in the questionnaire) has been identified.

Please Note: Question 8 in the questionnaire should read:
8.

If the answer to Question 6 or 7 is yes, state whether (a) attachments to e-mails (b) compressed files (c) embedded files and (d) imaged text will respond to your Keyword Searches or other automated search.

For the contents and details of this Practice Direction click here

Just for the record – 2nd article on the IBA Rules

Wed, 23 Apr 2008 23:34:21 +0000

The other article (which was referenced in my dissertation) was posted here under the title: WHERE NEITHER THE IBA RULES NOR U.S. LITIGATION PRINCIPLES ARE ENOUGH

Just recently my friend, Martin (another ex-student of QM) pointed out another article in the International Journal of Arbitration, Mediation and Dispute Management, Vol 74, Number 1, February 2008 issue, the title; ‘Confronting the Matrix:Do the IBA Rules Require Amendment to Deal with the Challenges Posed by Electronically Stored Information? by Nicholas Tse and Natasha Peter.

As expected, the answer is a simple ‘yes, the IBA Rules require amendment’ (like the 1st article). The solutions though are not so simple. For me, the solutions are not within the IBA Rules. That’s another story.

Although the second article provided guidance from the English and US amendments and strategies for dealing with problems posed by ESI, the challenges posed by ESI for arbitrators and parties are still in the making or rather unconfronted.

Can one confront the Matrix and maintain a ‘flexible’ IBA Rules?

a new metaphor- looking for a needle in a needle factory!

Fri, 25 Jan 2008 03:05:47 +0000

I recently contacted Mr Chris Dale asking if he knows or have come across any edisclosure case. Today he e-mailed me and said he found a case (well a pre-action disclosure case) & has posted in his blog. An interesting read. Thks Chris!.

I wonder how many needle factories are out there?!

Glossary – CPR; that incorporates the 45th update

Sun, 06 Jan 2008 03:23:16 +0000

The Glossary in the justice.gov.uk site

Eventually, this blog will have a Glossary page for ‘all’ terms defined in the rules, guidelines and also their usage in arbitration.