..but it pours

By | 30th August 2012

In a post called It never rains… [Smart e-Discovery, 15th March, 2012], I reported on a case where Mr Justice Richards was critical of the attitude one party adopted towards e-disclosure. Describing their approach to disclosure he said: “There is a sort of lackadaisical view in relation to this category.”

The case is a property dispute between the Barclay brothers and Irish property tycoon Paddy McKillen and the judge has now found in favour of the defendant Barclays.

It may well go to appeal but in the meantime we mere observers can enjoy the comments by the defendants’ lawyers, which you can read in a recent article by Sam Chadderton  [Disclosure Day, The Lawyer, 15th August 2012].

If the judge did not mince his words, the defendants’ lawyers had a field day. Commenting on the case, the partner in charge, Richard East of Quinn Emanuel said:

“The way in which this case unfolded, and the result achieved, demonstrates that litigation in London has moved on from where it was five or 10 years ago. Specialised and focused firms like Quinn Emanuel have the expertise and fire-power to run these cases at the highest level, and to outgun our opponents in the process.”

A dig at their opponents? Ouch! But the lesson is clear. The courts will not tolerate a lackadaisical approach to disclosure, hard copy or electronic and these days and in those sorts of cases it almost certainly has to be electronic.

Case note: McKillen v Barclay Bros.