CHAPTER 14 USE OF INFORMATION TECHNOLOGY

Key Rules: CPR rule 1.4, CPR Part 6; PD supplementing CPR Part 6

General

14.1 

The CPR contain certain provisions about the use of information technology in the conduct of cases. Apart from these provisions, no standard practice has evolved or been prescribed for the use of information technology in civil cases, but it is possible to identify certain areas in which electronic techniques may be used which should encourage the efficient and economical conduct of litigation.

14.2 

It must be remembered, however, that it is unlikely that the number of litigants in person will diminish, and the number may well increase, in the future and that not all solicitors have available sophisticated IT facilities. Use of IT is acceptable only if no party to the case will be unfairly prejudiced and its use will save time or money.

14.3 

A number of specific applications of information technology have been well developed in recent years. The use of fax, the provision of skeleton arguments on disk, and daily transcripts on disk (with or without appropriate software) have become commonplace. Short applications may be economically heard by a conference telephone call. Taking evidence by video link has become more common, and the available technology has improved considerably. There is still little experience of the intensive use of information technology in the ordinary course of the trial by, for example, providing documents as images to be displayed.

14.4 

In any case in which it is proposed to use information technology in the preparation, management and presentation of a case in a manner which is not provided for by the CPR, it may be necessary for directions to be given by the Judge who is to hear the case. It is unlikely to be satisfactory for parties and their solicitors to agree to a particular application of information technology (for example, using imaging techniques to deal either with disclosure or with the preparation of documents for use in court, in effect by way of electronic bundles) without the agreement of the Judge. Accordingly it is likely, particularly in heavy cases, that it will be desirable for a Judge to be nominated to conduct the case. Where a nomination is desired, application should be made to the Vice-Chancellor in writing by letter addressed to his Clerk for a Judge to be nominated.

14.5 

In every case in which it is proposed to use information technology, the first step will be for the solicitors for all parties to determine whether it is possible to establish a common protocol for the electronic exchange and management of information. It is recommended that the protocol provided by the Official Referees Solicitors Association ('ORSA') be used. The ORSA protocol is comprehensive and has had success in the Technology and Construction Court. Contact details for ORSA are included in Appendix 8. The policy of co-operation and collaboration which underpins the CPR is particularly important in this context. In a large case it will be necessary for the parties to facilitate the task of the Judge by providing any additional help and IT knowhow, including by way, for example, of demonstrations, which he or she may require for the purposes of controlling the case.

14.6 

Those Judges of the Chancery Division who use computers are equipped with IBM compatible computers with a reasonably high specification, using W95, W98 or Windows NT, and Word 6 or 7 for Windows, Excel and other software. Any other requirements must first be discussed with the Clerk to the Judge concerned.