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
Practice Guide Download
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