LitSavant Ltd - Thinking outside the box ...
Pulteney bridge, Bath, England

Welcome

At LitSavant we specialise in providing independent practical consultancy services in the area of edisclosure and litigation support. Whether you are an in-house legal department, a law firm, service provider or a software supplier, we are able to assist you.

Our consultancy covers all aspects of the Electronic Discovery Reference Model (EDRM) from formulating document management strategies for blue chip companies to identifying presentation systems for deploying material at a hearing. We have advised on formulating defensible collection methodologies, identified effective culling strategies to reduce the volume of material to be reviewed and devised and implemented review strategies for cases ranging in size from a few thousand documents to several million. We have practical experience of operating document processing software and litigation support systems and understand their strengths and limitations.

Key to our practice is our ability to understand and explain technical terminology to lawyers and legal terminology to technologists. Bridging these communication gaps is vital to ensure that those involved in managing the document lifecycle are able to work effectively with their legal teams. We pride ourselves on being able to provide pragmatic solutions to these sorts of challenges whilst thinking outside the box.

Proportionality
The factors considered by the court in determining how to deal with a case in ways which are proportionate.
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Proportionality

The overriding objective of the CPR is to enable the court to deal with cases justly (CPR1).  Specifically this is stated to include "dealing with the case in ways which are proportionate.." and it then goes on to list factors which need to be considered to determine what is proportionate.  Taken together these factors are generally referred to together as Proportionality.

Discoverable
Prior to the CPR the test under the rules was that any document "relating to any matter in question" was discoverable. The courts took a very wide view of what was covered by this. The test was laid down a long time ago when no-one had the quantities of paper they have now ...
Lord Justice Jacob (19 Jul 2007)

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Discoverable

Prior to the CPR the test under the rules was that any document "relating to any matter in question" was discoverable. The courts took a very wide view of what was covered by this. The test was laid down a long time ago when no-one had the quantities of paper they have now…

…What is now required is that, following only a "reasonable search" (CPR 31.7(1)), the disclosing party should, before making disclosure, consider each document to see whether it adversely affects his own or another party's case or supports another party's case. It is wrong just to disclose a mass of background documents which do not really take the case one way or another. And there is a real vice in doing so: it compels the mass reading by the lawyers on the other side, and is followed usually by the importation of the documents into the whole case thereafter - hence trial bundles most of which are never looked at.

Lord Justice Jacob (19 Jul 2007)
Nichia Corp v Argos Ltd [2007] EWCA Civ 741 (19 July 2007).

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