As part of a periodic series of updates on legal developments on the use of electronic evidence, Michael Axe looks at a recent English High Court decision that will have far reaching consequences for all parties involved in litigation.

The provisions on electronic disclosure introduced in England adnd Wales in October 2005 fundamentally changed the way in which parties involved in litigation needed to approach the disclosure and use of electronic documents. Two of the key changes were the obligation on the parties to co-operate at an early stage in relation to electronic disclosure issues, and the way in which the Courts will consider what constitutes a