Disclosure of Electronic Device Contents: Control, Compulsion, Third-Party Rights, Metadata and Imaging under CPR PD 57AD (England and Wales)
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Practice notes
This guidance addresses the collection and examination of electronic devices, raising issues such as identifying who controls a device and, where the controller is not the party to the litigation, whether they can be required to provide it to the litigating party. How data on a device is searched, and how it is assessed for disclosure in the case—versus protection by legal professional privilege or another exception—is vital. It also considers the rights of third parties in relation to data on such devices.
Why devices are potentially important in disclosure
In Pipia v BGEO Group Ltd, Mrs Justice Cockerill considered whether a personal mobile phone used by a witness who had been a senior executive at the defendant company should be searched to meet the defendant’s disclosure duties. She concluded that it could be, on the facts—see: Are any devices exempt from searching?—and outlined in her judgment why device contents are regarded as valuable sources of information in disputes, especially in the business context. She stated: ‘I accept that…WhatsApp, Viber and SMS messages [sent by or to the witness] will…
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Web page updated on 21/05/2026
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