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The Changing Face of Litigation
Kroll Ontrack’s consultants and legal technologies help with early case assessment, disclosure, case building and the presentation of evidence at trial. It’s our mission to help drive down the time and costs you spend gathering, investigating, reviewing and producing information involved in litigation. We have the experience and the technology to help you meet deadlines and to give you strategic advantage by uncovering key issues and identifying risks and opportunities early on in a case.
The Civil Procedure Rules in England and Wales create a duty to consider electronic documents when conducting a reasonable search for and disclosing documents in litigation. The Practice Direction refers to the use of keyword searching and other forms of electronic search to locate electronically held documents. Parties are required to discuss sources of data and exchange information about the search undertaken for electronically held documents.
Recent case law indicates that the Courts are unlikely to look favourably upon parties who are less than diligent in their efforts to locate, disclose and produce necessary documents. (Digicel and Others v Cable & Wireless plc and Others). The case deals with the scope of the reasonable search for electronic documents, key word searching, access to back up tapes, cost shifting and the importance of the parties' co-operation with each other. The Court decided that controlled access to the back up tapes was appropriate and parties were directed to discuss with the help of technology consultants how this could best be achieved.
Kroll Ontrack’s experienced legal consultants help advise on techniques for achieving proportionality. This involves providing methodologies and technologies designed to reduce volume reliably, increase efficiency and keep costs in check. We are able to help:
- identify key data locations and determine the scope of the reasonable search
- with the preservation and collection of data
- with the design of keyword lists capable of identifying relevant documents
- with advanced review strategies and efficient review workflows
Kroll Ontrack’s powerful processing engines reliably filter data and significantly reduce volumes. Ontrack® Inview™, our award-winning online review tool supports collaborative working and includes cutting-edge functionality such as email analytics and topic grouping that allows for the rapid identification of key documents.
