Disclosure Protocols

The Practice Direction to the CPR part 31 makes it clear that parties should discuss, at an

early stage, any issues surrounding searching for and preserving electronic documentation.

Failure to properly carry out these discussions can result in heavy financial penalties as has

been demonstrated by the decision in Digicel.

A good disclosure protocol not only helps solicitors focus their own disclosure exercise but

also helps solicitors to set the agenda and pace of a disclosure exercise whilst putting the

opposing party on the back foot from the very start.

i-Lit Limited has been helping clients to exploit the opportunities presented by this required early dialogue by drafting effective disclosure protocols since 2006.