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The Jackson Reforms, the biggest reorganisation in civil litigation since the Woolf Reforms, have now been in place for ten months.
On the back of this, I am seeing a number of clients who have less exposure to eDisclosure being put off due to the perceived costs. The belief appears to be that eDisclosure is only proportionate for large cases.
In the last year, I have been seeing an increasing trend of traditional digital forensic cases now utilising review platforms (such as Relativity) designed for eDisclosure cases to reduce the overall costs. In a number of instances, small cases not exceeding claims of £100,000 would greatly benefit from the use of a review platform. The coming year will likely see this practice growing exponentially with a number of digital forensic vendors already in the review market and more emerging.
Time after time I have seen CYFOR clients reviewing email data utilising Microsoft Office as a review tool. 1GB of email data equates to roughly 100,000 pages and I have found that on average a reviewer is able to review between 700-1,100 pages an hour utilising a review system. Although the initial costs of using an eDisclosure platform may seem high, the time spent looking at these documents in Outlook may increase the overall costs.
The lesson to learn from this is that, although the term eDisclosure defines the overall process of the review and exchange of documents as defined in the Civil Procedure Rules, the process of document review should not be limited to large or even civil cases, and utilising the right tool for the job can save money by streamlining the review process.
The next post begins a mini-series looking at cost mitigation in eDisclosure cases. We will be looking at a range of topics from best practices for planning your initial data collection to making your keywords perform to assist you in bringing down your costs.
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