In a decision in the TCC at the end of last year, Mr Justice Coulson decided that the court had the power under CPR Order 31 to order that a search for documents to be carried out on behalf of the defendants be carried out by a properly qualified independent third party.
Millnet’s Stuart Clarke advised the claimants and his advice was accepted by the judge and formed the basis of the judge’s order.
See the case note here
There was a time when it was genuinely possible to describe software used in e-disclosure in terms which effectively distinguished between particular offerings on the basis of the “bells and whistles” which one bit of technology possessed in contrast to the next piece of software.
Nowadays, I believe it is widely accepted that many of the different technologies on the market do approximately the same thing in this area. In order to distinguish one from another, given this “coming together”, it is nowadays more helpful to concentrate on the way in which a particular technology can be made to operate and the workflow involved.
On the legal side, I believe we are seeing a coming together of the approaches being adopted by the courts in the US as well as in this country; if not a coming together, at least it is clear that there are increasing similarities.
That is my excuse for drawing attention to the stream of cases emanating from the US on e-discovery/predictive coding and the like. The old adage that when America sneezes, the rest of the world catches a cold, is pertinent here. If the rest of the world does not catch a cold when the US sneezes, at the very least it has to sit up and take notice.
It never ceases to amaze me how one thing leads on to another.
Let me explain!
Recently, I was referred to a blog written by someone of whom I had never heard. Nothing unusual in that, you may say, but bear with me.
Jim Rosenblum of Stamford, Connecticut civil litigation, administrative and health care law firm Rosenblum Newfield, LLC referred the blog to me in an entirely different context from the subject matter of the piece. If I tell you that the piece was written by Gretchen Rubin and that it concerned her happiness project, for which she has become a number one best selling author in New York and that her subject is eight excellent tips for living given to her by her parents, you may conclude, not wholly unreasonably, that I have finally lost my marbles.
After all, what has that to do with a blog which tries to concentrate on e-disclosure?
You can and should read the piece here, if only because you can, and it is a bit of fun: Eight Excellent Tips for Living that My Parents Gave Me. [The Happiness Project, 21 October, 2009]
However, because I had never previously heard of Mrs Rubin ( apparently a well adjusted and happily married woman and mother of two living in Manhattan), I looked her up using our favourite search engine. I found that: Continue reading