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International Judicial Panel at the Masters Conference 2010

I moderated a panel at the Masters Conference which took place in Washington from 4-6 October. I was joined from the UK by Master Steven Whitaker, Senior Master of the Senior Courts in the Queen's Bench Division of the High Court, and by Justice Clifford Einstein, a judge of the Supreme Court of New South Wales, one of three judges of the Commercial List.

Electronic discovery in the Australian Federal Court has been governed since January 2009 by what is now Practice Note CM 6 - Electronic Technology in Litigation. The terms of reference for a pending review of discovery include reiterations of the words "as early as possible" in recognition of the fact that early identification and agreement as to the scope of discovery is the key to keeping time and costs proportionate.

From 1 October, the UK has a new eDisclosure Practice Direction, replacing one of 2005. It includes an Electronic Documents Questionnaire for use where the court thinks it appropriate or where the parties find it helpful.

All common law jurisdictions are drawing on each others' experience to keep what works and to discard what does not. This was a chance to hear what is happening outside the US.

 

Reading List

You may find it helpful to look at some of the following:

England & Wales

Rule 31 Civil Procedure rules

e-Disclosure Practice Direction 31B

Electronic Documents Questionnaire

Chris Dale notes on the PD and Questionnaire

Chris Dale Blog

UK eDisclosure Cases

Senior Master Whitaker's judgment in Goodale v Ministry of Justice

 

Australia

Practice Note CM 6 - Electronic Technology in Litigation

Inquiry blog by the Australian Law Reform Commission (ALRC)

Terms of Reference of Inquiry into the discovery of documents

 

Canada

Peg Duncan's eDiscovery Reading List

Canada is not specifically covered in this session, but Peg Duncan's Reading List is perhaps the comprehensive list of non-US (as well as US) discovery sources anywhere in the world