LitSavant Ltd - Thinking outside the box ...
Along the South Bank, London, UK

Litigation Readiness

LitSavant provide strategic and pragmatic advice to in house counsel and companies. Our advice can be split into two main categories - planning for dispute resolution (so-called litigation readiness) and assisting in the context of an actual dispute.

In terms of litigation readiness, our services include:

  • assisting in the design and implementation of litigation readiness procedures (document retention policies, backup tape management, document and records management)
  • selecting and implementing technology suitable for litigation hold
  • selecting and implementing technology solutions for Early Case Assessment (ECA)
  • implementing some or all of the edisclosure processes in-house (advising on the feasibility, implications, staffing and costs)
  • staff training on some or all of the above

In the context of an actual piece of litigation, we can advise on:

  • formulating defensible strategies for data collection, so as to minimise the amount of data that needs to be collected for any given investigation and the business disruption and cost in collecting it
  • the initial identification, preservation and collection of documents for disclosure (whether for disclosure, responding to a regulator's request or a court order)
  • identifying strategies to predict and contain the costs of legal review
  • the identification of third parties to provide EDD and other litigation support services
The factors considered by the court in determining how to deal with a case in ways which are proportionate.
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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.

Mark Dingle
I did a lot of e-disclosure work for Mark Dingle when he was at Simmons & Simmons. He combines a very high level of technical skill with an extremely good knowledge of the court rules and an astute ability to combine the two (a rare combination) on behalf of his clients.
Chris Dale (Feb 2010)

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