Digital Data Collections in Accordance with the Disclosure Pilot Scheme
The preservation and collection of ESI is the foundation of any disclosure exercise. Any doubt cast upon the integrity of evidence gathered and produced can have a costly and negative impact to your case. In the Business and Property Courts of England and Wales, the gathering of ESI must be conducted in accordance with the Practice Direction 51U – Disclosure Pilot Scheme. The Disclosure Pilot scheme is in place to assist parties and ensure a proportionate approach to the matter is taken. The Disclosure Pilot governs your disclosure, sets out the relevant duties of all parties involved, and specifically lays out requirements in relation to the preservation of ESI in order to produce relevant “documents.” In this free Practice Guide, Consilio Senior Director Sophie Beattie reviews what practitioners need to know about handling disclosure in accordance with the Disclosure Pilot Scheme.
In this Practice Guide
Goals and requirements of the Disclosure Pilot Scheme
Available disclosure models to use
Guidance on preservation, collection, and culling
The broad scope of “documents”
The risks of client-led collection
The right time for searching and culling
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About the Author
Sophie is a Senior Director at Consilio, a global leader in Legal Consulting & Legal Services. Sophie runs the digital forensic and expert witness teams across Europe and APAC and has been working in the digital forensic industry for more than a decade. She holds a degree in computer forensics and is an EnCE certified computer forensic examiner, who is also a certified counter fraud specialist. She has worked on a variety of high-profile criminal and civil cases and has assisted in over 400 criminal and civil cases in the United Kingdom covering cases involving harassment, murder, child pornography, and fraud. She has been independently responsible for the collection, preservation, and analysis of digital evidence retrieved from electronic media, as well and producing technical reports on the findings for law enforcement, corporates, lawyers, and independent parties.
Sophie works with Consilio’s clients from the outset of any given matter, to assist with data mapping and scoping. Sophie provides advice on the most efficient and cost-effective preservation/collection methods and offers her services as an expert witness.
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