Not exact matches
Sure, we could see the decline
of heavy
litigation which supports
much of the UK eDiscovery industry, but I have been predicting that anyway thanks to
high costs, civil procedure rules which are not fit for purpose, a wet (and disgruntled) judiciary, and a wholly ineffective, not to say deliberately destructive, attitude on the part
of the government and the Ministry
of Justice.
In most cases, as evidenced by this case, it will be difficult to prove any damages and, even in cases where recoverable damages have been incurred, after taking into account any savings, likely the
costs of litigation will be
much higher than those damages and not worth pursuing.
The
cost of litigation might be
much higher than what would be awarded by a court.
Intellectual property lawyers are bracing for change as the federal courts move forward with an effort that could see
much higher cost awards as a way
of discouraging unnecessary and vexatious
litigation.