E-Discovery

1. Introduction

Unlike the United States, which is leading the way in relation to e-discovery and where the disclosure of electronic data has become standard procedure, as of yet there is no standard protocol or practice direction issued in relation to e-discovery in Ireland. Despite this fact, Irish lawyers are beginning to appreciate the invaluable nature of electronic data which can be retrieved and used in commercial litigation.

2. Discovery in Ireland

The legal basis for electronic discovery in Ireland is contained in the Rules of the Superior Court relating to discovery and also in the Electronic Commerce Act, 2000 ("the 2000 Act") which defines "information" as including "data, all forms of writing and other text, images ... sound, codes, computer programs, software, databases and speech." Section 9 of the 2000 Act also provides that information "shall not be denied legal effect,