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INADVERTENTDISCLOSURE · A GUIDE FOR UK LAWYERS A Privileged Document Has Been Disclosed: What Happens Next The First Hours, the Legal Framework and the Recovery Playbook for Both Sides COMPUTER FORENSICS LAB

§ ABOUT THE AUTHOR PREPARED BY COMPUTER FORENSICS LAB E-DISCOVERY TEAM ESTABLISHED 2007 · LONDON ISO 17025-ALIGNED PROCEDURES INCIDENT RECONSTRUCTION CONTAINMENT & CERTIFIED DELETION CPR PART 35 EXPERT REPORT S FULL CHAIN-OF-CUSTODY DOCUMENTATION

§ CONTENTS In this guide 01 Executive summary 02 The problem in plain English: the document that got out 03 The legal framework: CPR 31.20, mistake, obviousness and clawback 04 The disclosing party's playbook: the first hours and the evidence 05 The receiving party's position: duties, dilemmas and safe handling 06 The forensic layer: reconstruction, containment and certified deletion 07 Consequences beyond the document: waiver reach, restraint and representation 08 Source architecture: where else the evidence lives 09 Worked examples 10 Common mistakes and technical limitations 11 Questions to ask · Suggested wording 12 Checklist and red flags · When to involve a digital forensic expert 13 Frequently asked questions 14 Glossary · References · Disclaimer · How a specialist laboratory can assist

§ 01 · ORIENTATION Executive summary THE HEADLINE POINT: SPEEDANDEVIDENCEDECIDETHESEINCIDENTS: THE DISCLOSINGPARTYMOVESINHOURSWITHADOCUMENTEDACCOUNTOFTHEMISTAKE; THERECEIVINGPARTYSTOPSREADINGANDTAKESADVICE; AND THE PROTOCOL DRAFTEDLASTYEARDOESMOSTOFTHEWORK

§ 02 · FIRST PRINCIPLES The problem in plain English: the document that got out

§ 03 · THE FRAMEWORK The legal framework: CPR 31.20, mistake, obviousness and clawback