On 1 November 2013 a new e-disclosure pack was published by the Technology and Construction Court Solicitor’s Association (TeCSA), the Technology and Construction Bar Association (TECBAR) and the Society of Computers and the Law (SCL).

For those fortunate enough not to have had to endure an e-disclosure exercise, it is the process whereby a party involved in court proceedings investigates and confirms whether an electronic document exists or has existed and whether that party will allow their opponent to see it. The number and variety of electronic documents that may be in existence and relevant continues to increase with each new technological advancement. It is therefore important for parties at this stage of proceedings to discuss and agree a suitable and cost effective way of searching for those documents.

The e-disclosure pack contains a new protocol, which it is intended will be used to record parties’ discussions and any agreement regarding e-disclosure. There are also a set of guidelines for using the protocol.

The Technology and Construction Court (TCC) has confirmed that it will adopt the new e-disclosure pack with effect from 1 January 2014. It is therefore likely that parties will be ordered to adopt the protocol at any CMC after 1 January 2014, unless they have already agreed an alternative method of dealing with the e-disclosure process.