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Electronic Disclosure: A Casebook for Civil and Criminal Practitioners

2015

Original author Stephen Mason
Format: Book
Publisher: XPL Publishing, St Albans, United Kingdom
Imprint: PP Publishing
Published: 31st Mar 2015
Dimensions: w 156mm h 234mm d 11mm
Weight: 413g
ISBN-10: 1858116066
ISBN-13: 9781858116068
Barcode No: 9781858116068
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What Reviewers Are Saying

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Jul 1st 2015, 21:50
Brilliant
Awesome - 10 out of 10
A BRILLIANT 21st CENTURY SHORT STATEMENT FROM STEPHEN MASON ON WHERE WE ARE TODAY WITH THE LEGALITY OF eDISCLOSURE IN THE DITIGAL AGE

An appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green Chambers

The concept and procedure of what is called “eDisclosure” has become a most important device for all practising lawyers in England and Wales. We have reviewed a number of Stephen Mason’s previous books which have maintained a consistently high standard when explaining the intricacies of the electronic methods of disclosing material. It makes it so easy for us to understand all this stuff!

Mason says rightly that eDisclosure “is now the every-day fare of all practising lawyers” as are electronic evidence and electronic signatures because the legal profession has firmly entered the digital age. Advisers need to understand the extent of the complex changes which have taken place because “litigation and eDisclosure now go hand-in-hand”: advocates take note.

Barristers and solicitors who act in contentious business need to know how the courts and the Judiciary are dealing with the problems that electronic disclosure throws up. As Mason says, the judges have now taken up the challenge. Guidance and rules relating to eDisclosure were set out some years ago but as the cases show, many lawyers “remain blissfully unaware” of 3 important topics: eDisclosure, eEvidence and eSignatures.

Enter the works of Stephen Mason who meets the challenges we face brilliantly and he offers us a concise short guide setting out the case law relating to eDisclosure in England and Wales.

“Electronic Disclosure” does not purport to be a comprehensive statement. It isn’t but we found it highly readable and simple to follow. This whole digital area is one of worry and misunderstanding to many practitioners concerned about how to respond to the practical challenges discovered by firms in meeting the electronic disclosure protocol.

Helpfully, you are advised by the author to look at the eDisclosure Protocol Pack and the Guidelines prepared by the TeCSA, TECBAR and the Society of Computers and Law which has the reference v0.2, 9 January 2015.

Stephen Mason adds that “the protocol pack is particularly relevant to proceedings in the Technology and Construction Court” and is “apparently also being used in other Divisions and in arbitrations”. So it is probably fair to say that we have only just started down the main eDisclosure road!

Yes, there is no doubt of the usefulness of this concise guide. The author’s intention is to offer the book as an aid to both lawyers and their technical advisers working on eDisclosure in the England and Wales jurisdiction and he does just that.

What we found particularly helpful for advocates is that Mason gives us an indication of how judges have approached the issues arising in both civil and criminal proceedings.

Mason’s conclusion which we heartily agree with is that the guide is of interest to all jurisdictions struggling with the same issues. It certainly is!