Professor Dominic Regan on why the Jackson Reforms mean the biggest-ever upheaval for UK litigation

April 18, 2012 - PRLog -- Chris Dale: Hello, I'm Chris Dale of the UK-based eDisclosure Information Project, which carries information about electronic disclosure - electronic discovery as every other jurisdiction calls it - between judges and lawyers and clients and suppliers. I have with me Dominic Regan who is a solicitor, writer, broadcaster, and an adviser to Lord Justice Jackson on cost management, and on the Costs Management pilot. He is also a professor at City University, London. He provides litigation training to a number of Government departments and to many law firms throughout the UK, and hosts webinars, writes, and generally spreads the word about case management and other aspects of litigation. So let's take the statement: 2012 - The Most Significant Year in the History of eDisclosure? Like Richard Susskind's book title, The End of Lawyers?, this has a question mark at the end of it. From where I sit I think that 2012 will indeed be the year of disclosure.

We have just seen a significant judicial opinion in the US by Judge Peck in the Da Silva Moore case, which gives judicial blessing to the use of advanced technology known as predictive coding. The UK Courts have just penalised a party in costs for its disclosure failures, which will help focus minds on the risks of inadequate disclosure. The Richard Susskind line - that law firms will see their traditional practices whittled away by what he calls disintermediation, as others offer the components of litigation tasks at lower and more certain costs - is something else that solicitors have to look out for. And we have the Cost Management pilot coming out of Birmingham, and other aspects of Lord Justice Jackson's proposals, which are now heading into law.

Dominic, let's start with a very broad question about Lord Justice Jackson's reforms. How important are they?

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