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The proliferation of short messages falling into the scope of discovery or disclosure is unabated. These can be mobile SMS texts or instant messages from popular applications such as WhatsApp, Viber, Slack, Skype and MS Teams.
) is a prime example of the courts recognising the significance of short messages. When an application for Extended Disclosure under the Disclosure Pilot was made, Mrs. Justice Cockerill had to consider the control and ownership of personal mobile devices belonging to key witnesses, as well as the reasonableness and proportionality of ordering their review.