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ABELA – V- HAMMOND SUDDARDS EDGE 2/12/08

PCB acted for the claimants in a US$25m claim against a city firm of lawyers alleging professional negligence and breach of fiduciary duty. PCB made an application for extensive electronic disclosure at a time when there was little case law as to when electronic disclosure should be provided. The defendant solicitors alleged that all electronic communications would have been printed and put into hard copy files and that the costs of restoring back-up tapes would be substantial, making the exercise wholly disproportionate. PCB was however able to persuade the court that some electronic searches should be undertaken, which ultimately led to critical evidence being uncovered.