Cardinia has extensive experience in providing expert witness evidence to top 100 legal firms.
We understand your need to find the right expert who can commit the appropriate time and resource to your client’s issue and focus on giving you and your client the support you need. We take pride in communicating complex matters in an organised manner and in plain English, explaining technical jargon and processes so that they can be understood by everyone involved in the case.
We are versed in the requirements of Practice Direction 35 and the compliance requirements for expert reports and the purpose of an expert in court; to give an informed opinion which we can fully and firmly support.
We can also act as expert adviser in your preparation, helping you to understand the strengths and weaknesses of your client’s technical case from its inception and assisting you to advise your client on the legal and commercial consequences throughout its progress.
Our consultants have specific expertise in:
- Technology procurement
- IT infrastructure (servers, networks, software, on-premises, cloud and hybrid deployments)
- Cloud computing
- Information security, breach and data loss
- Records management and the reliability of electronically held records
- Industrial automation (MES1, SCADA2, PLC3 etc.)
- Best practices in E-Discovery and E-Disclosure
E-Discovery and E-Disclosure
The vast majority of business documentation of all types is now held electronically and the processes of discovery and disclosure must usually therefore be done electronically.
Best practice: Rule book, or guidelines?
Many independent companies now exist purely to serve the E-Discovery and E-Disclosure (ED) market and there is broad industry consensus on “best practice”, although best practice has been arrived at entirely empirically. This empirical nature of ED best practice makes it more a set of guidelines than a rule book, but many ED practitioners follow best practice slavishly, even where circumstances appear to suggest that alternative approaches may deliver better results.
We can advise where, when and how it is safe or advisable to deviate from best practice in ED, potentially saving time and cost and delivering a more complete outcome.
To disclose, or not to disclose?
Electronic discovery and disclosure can be expensive and time-consuming and it is not unusual for defendants to advance arguments about proportionality when seeking to avoid full disclosure.
“This will take two man-years and cost £250,000. As the matter in dispute is worth only £500,000, full ED is disproportionate to the value of the case, so no disclosure will be made.”
Where full disclosure is proving difficult, we can review information, IT systems and infrastructure and potentially put forward a plan to effect broad disclosure at a much lower cost, delivering perhaps 90% of the disclosure at 10% of the cost and thus largely defeating arguments about proportionality.