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The ongoing hearings in the UK Post Office’s Horizon software scandal drilled down into an area rarely addressed in detail by the courts or inquiries – the topic of legal disclosure of documents and evidence.   With the ITV drama bringing home the real human cost of the scandal there have been renewed calls for prosecutions and the Met Police are now formally investigating potential fraud on the part of the Post Office.   Attending the hearing on the 12th January I had the honour of talking with some of the subpostmasters affected. Clearly jaded by the long running inquiry, there was an obvious air of anxiety and frustration at the topic of legal disclosure.   Early on in proceedings on the 12th January 2024, Jason Beer KC, counsel to the inquiry jokingly referred to the topic of disclosure as “super dry”. However, at the outset he rightly asserted that “the disclosure of documents is the lifeblood of the inquiry and is required for a proper examination of the issues”.   The concept of Disclosure (or, in the US, Discovery) is the process by which parties to a legal matter provide the evidence they deem relevant to the issue at hand. Of course, when we tack an ‘e’ in the front to create eDisclosure, we mean ‘electronic disclosure’ (or ‘eDiscovery’).   eDiscovery has for many years widened its reach outside of the world of litigation as legal disclosures of data can take many forms: from criminal and fraud matters to regulatory investigations. The nature and scope may be different, but all require a thorough understanding of the defensibility of the software, policies and procedures used to preserve, locate, review, and produce the data.

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