Practice Direction 31B and the Electronic Documents Questionnaire

The Civil Procedure Rules of England and Wales require early collaboration. Practice Direction 31B emphasises the need for early and ongoing communication between parties so that they can agree on a sensible approach to e-disclosure. The aim of the practice direction is to encourage opposing parties to reach agreement on reasonable measures to obtain key information in a case proportionately. The practice direction and questionnaire facilitate this process by providing a uniform agenda of discussion topics and the means for parties to exchange information in a structured way and flush out contentious issues before court intervention is required.

Kroll Ontrack experts can assist in enhancing your electronically stored information (ESI) strategies for case management conferences to best serve your matter and minimise costs. We specialise in facilitating conversations between outside counsel and IT personnel to ensure that your legal team confidently arrives prepared to take control of the electronic disclosure process.

Identifying and reaching agreement on disclosure issues such as volume and source of ESI, data collection methods and form(s) of production at the start of litigation, deters costly disclosure disputes later in the process.

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