The latest iPhone X which was released this week, causing the usual queues and hysteria.

However, instead of camping out to be first in line, no doubt you were instead captured and captivated by the latest publications on the Judiciary of England and Wales’ website, judiciary.gov, and the publication this week of the draft proposals for reform to the Civil Procedure Rules.

https://www.judiciary.gov.uk/announcements/disclosure-proposed-pilot-scheme-for-the-business-and-property-courts/

Grant Thornton’s Digital Forensics Group has had the privilege of working with a team of visionaries and leaders in the fields of Court Disclosure and Litigation Technologies for over a year to redraft the Rules on Disclosure (CPR 31 and PD31B). The Disclosure Working Group was established in May 2016 with the goal of addressing the ever blossoming costs and complexity of litigation in the UK courts, and in particular, the costs associated with Litigation Technologies.

The Working Group has worked to address commonly observed weaknesses in the current litigation and disclosure regimes, and the proposed rules represent a sea-change in philosophy and process. Not least of which is the goal of dramatically increasing the level of awareness within the judiciary of available litigation technologies including Predictive Coding, Electronic Trial Bundles, Conceptual Analytics and beyond.

Virtual Reality, social media and other “modern” forms of information exchange will also be encompassed within the proposed rules. With the courts prepared to accept that in appropriate circumstances litigation technologies can be faster, cheaper and more accurate than the equivalent human reviewer, the courts will expect proportionate and appropriate technologies to be proposed and utilised. Sanctions may follow if they are not.

The goal of the Working Group and the draft rules is to invite a change of culture in the way lawyers, courts and parties to litigation in the UK deal with disclosure and technology.

But don’t take our word for it! Get engaged in the consultation program and let us know your thoughts.

And speak to Grant Thornton to discuss hosting a free seminar on the new Rules.