The NZ E-Discovery Blog  Facilitating proportionate and efficient e-discovery

Keeping track of the Jackson Reforms

August 21st, 2012

The new Jackson reforms are due to commence in the UK in April 2013. Over recent weeks we have seen a number of interesting articles commenting on the new reforms and in particular the impact on the disclosure process (discovery for the rest of us in the world).

The first articles to catch my eye were by Charles Holloway of Millnet. Charles has produced two articles recently on the Jackson reforms called A new order cometh and Big Bang: The new rules in April 2013 (CPR 31.5A). Both articles provide a detailed look at the new Jackson Reforms, specifically focussing on the new disclosure changes. The articles also provide a very good insight into how the new menu option works in with the new E-Disclosure Practice Direction 31B.

Another excellent commentary on UK developments is the post by Philip Favro of Symantec called How to Prepare for eDiscovery under New UK Civil Procedure Rule 31.5. Amongst a number of points the article highlights the importance of lawyers understanding ediscovery and the ability to make more effective use of technology to undertake discovery effectively.

Same proportionality principles as New Zealand

We have been fortunate in New Zealand as we have been able to watch the work from the Jackson Cost Review and also the new eDisclosure Practice Direction and Questionnaire.

The New Zealand discovery rules which commenced in February this year, largely reflects the menu option from the UK. Both jurisdictions follow similar objectives to ensure that the cost of discovery be proportionate to what’s at issue. The menu option then allows for parties to cooperate over an appropriate discovery order that can be tailored for each case. The New Zealand discovery rules provide for a range of options, including no discovery, standard discovery and tailored discovery.

I am sure as April 2013 draws nearer, there will be many more articles about the new Jackson reforms. In the meantime if anyone is interested in finding out more about what is happening with Disclosure in the UK they should look to Chris Dale’s blog the e-Disclosure Information Project.


No comments yet.

RSS feed for comments on this post.

Sorry, the comment form is closed at this time.