11th February 2019
Chambers & Partners and Legal 500 are recognised as leading independent guides to excellence within the legal profession. As such, Walker Morris has been proud to have contributed to both of these publications in recent months, as renowned experts in disclosure and eDisclosure – a vital and fast-changing part of the dispute resolution process, both within litigation and ADR in England and Wales and on the world stage.
Clients today increasingly face the conflicting pressures of the huge proliferation of data on the one hand and increased impetus for proportionality and efficiency (including downward pressure on litigation costs) on the other. Driven by the need to resolve this conflict, and assisted by technological advances, disclosure/eDisclosure rules and practice are changing.
As from 1 January 2019, a mandatory two-year disclosure pilot scheme is operating in the Business and Property Courts (BPCs) across England and Wales , which is intended to bring about a “wholesale cultural change” to the disclosure/eDisclosure process. Please see our more detailed briefing for full information about the new scheme.
Proposed new rules aside, there is no escaping the fact that artificial intelligence (AI)/technology assisted review (TAR) is here, and its uses within the profession are increasingly widely reported. Lawyers need to get on board, or risk being left behind, when it comes to this key aspect of commercial dispute resolution.
Walker Morris’ view is that earlier, more strategic, engagement with disclosure and technology can result in efficiencies which can, in turn, increase the number of successfully resolved cases. That can improve client relationships and lawyers’ commercial reputations. The role that legal advisers play is changing, but remains crucial and is likely to become increasingly collaborative and strategic.
To learn more about Walker Morris’ expertise in disclosure and eDisclosure, please take a look at the Chambers Global Practice Guide 2019 on Ediscovery & Disclosure 2019 and our article in the UK section of the Legal Business Disputes Yearbook – Spring 2018.
For further tips and practical advice, please also feel free to download a copy of the Disclosure and Inspection chapter from our Little Green Book of Dispute Resolution.
 The scheme is set out in a new Practice Direction to the Civil Procedure Rules, PD 51U