Jurisdiction(s):
United Kingdom

Key definition

Electronically stored information definition

What does Electronically stored information mean? In legal practice, electronically stored information (ESI) means digital information that may need to be preserved, searched, reviewed and produced for disclosure, e-disclosure/e-discovery, regulatory investigations or data access requests. It covers emails and attachments, documents, spreadsheets, PDFs, instant messages (SMS, WhatsApp and collaboration tools), databases, social media content, audio, video, logs, metadata, backups, cloud and mobile data. In England and Wales, the Civil Procedure Rules treat such material as electronic documents (see CPR and PD 57AD). Scotland and Northern Ireland take the same broad approach. In Ireland, the Rules of the Superior Courts recognise electronic data as discoverable. The phrase ESI...

Collecting and preserving documents for disclosure: client co-ordination, EDQ, e-disclosure, proportionality, costs control and sanctions risks (CPR 31) — England and Wales

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note explains what you need to do when gathering documents, including the client processes that should be put in place to support collection. It does not cover the disclosure scheme in the Business & Property Courts. For guidance on those cases, see: Disclosure Scheme (Business & Property Courts)—overview.

What you should already have achieved

By the time you reach the disclosure stage, you should have:

begun planning disclosure—this enables proper collation and review of all available information, and ensures you have time to find solutions or agree a strategy for any categories of electronic documents you expect to be difficult
gained a clear understanding of where and how your client stores its documents, including Electronically stored information. See Practice Note: Disclosure—identifying documents. This can be achieved using the electronic documents questionnaire (EDQ), which acts as a helpful checklist and allows you to put forward a realistic and proportionate disclosure order to your opponents

Making a proposal on disclosure that meets the overriding...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...