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The Jackson Reforms
It is ironic that the “Big Bang” ' otherwise known as the day UK Lord Justice Jackson's case management and litigation cost reforms became effective ' took place on April Fools Day, because these reforms are no joke. In fact, they are the most earth-shattering developments in recent UK civil procedure history, with serious ramifications that extend across the pond to U.S. companies. Failing to meet the new timelines the reforms set forth for eDiscovery (eDisclosure in the UK) can have disastrous consequences: it can destroy transparency, ruin efforts to cooperate with opposing counsel, damage a party's relationship with the court, and thwart the recovery of costs.
eDiscovery Changes
Driving the eDiscovery changes is the overwhelming volume of information that results from the ever-accelerating rate of data creation and the ease of storing data indefinitely. As Lord Jackson noted in the lectures supporting the changes, compounding this problem is that “relatively few solicitors and even fewer barristers really understand how to undertake e-disclosure in an effective way.” Lord Jackson's commentary echoes the sentiments of numerous U.S. federal court judges, who lament the lack of cooperation and proportionality in eDiscovery. But while U.S. courts generally lack the teeth required to enforce these standards until something goes awry in the discovery process, the new UK rule gives courts control from the inception of a case.
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