New Judgment Clarifies Use Of Tech In E-Discovery Exercises In Jersey

For more than two years, parties to litigation in Jersey have been required to make "appropriate use of technology" to minimise the costs of e-discovery – now, for the first time since the introduction of a Royal Court Practice Direction in 2017, practitioners have guidance from the Court on what qualifies as "appropriate use".

The introduction of Royal Court Practice Direction 17/08, dealing specifically with the discovery of documents held in electronic form, provided practitioners with the first formal procedural framework for the use of electronic discovery platforms in the Island.

Amongst other things, parties to litigation are now required to minimise the costs of e-discovery by efficiently managing the process and making appropriate use of technology, adopting a collaborative approach to identify the scope of disclosure and the approach to be taken.