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Guide 17: Cooperating on Electronic Disclosure Without Giving Away Your Case

The duty to cooperate under PD 57AD and how to meet it without surrendering strategy. Sets out what to share freely and what never to share on custodians, search terms, date ranges, TAR, metadata and production protocols, and how to negotiate a defensible disclosure protocol with the other side.

40 pages · 59 min read

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Guide 17: Cooperating on Electronic Disclosure Without Giving Away Your Case

Guide 17. Cooperating on Electronic Disclosure Without Giving Away Your Case

The duty to cooperate under PD 57AD, and how to discharge it: custodians, search terms, date ranges, TAR, metadata and production protocols - what to share freely, what never to share, and how to negotiate a defensible protocol without surrendering strategy.

1 Executive summary

2 The problem in plain English: cooperation feels like giving the game away

5 The organising idea: methodology transparent, strategy privileged

6 The share/hold map: what to share freely and what never to share

37 How a specialist laboratory can assist

PD 57AD paragraph 2.3 parties' duty to cooperate, paragraph 3.2(3) lawyers' personal duty, paragraph 10.6 resolve before the CMC, paragraph 10.3 sanction.

Cite as: Joseph Naghdi, Guide 17: Cooperating on Electronic Disclosure Without Giving Away Your Case, Computer Forensics Lab, https://e-discovery.uk/library/cooperating-on-electronic-disclosure-without-giving-away-your-case/pdf.

Instruct the practice

Bring us in early. Defensibility is built, not retrofitted.

Whether you are responding to a regulator, preparing for disclosure, or scoping an internal investigation, start the chain of custody with a short, confidential conversation.

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