Training: DRD Section 2 Flashcards
When is DRD section 2 served?
- First served 14 days before the CMC; and
- Then served / updated every time you provide disclosure.
Heuristic when evaluating your own searches
Behave as if you’re the other side. For example, don’t take peoples’ word that they didn’t use their personal email address. Instead: (i) ask for peoples’ personal email addresses; and (ii) search for them across the disclosure set.
Heuristic as to third party searches
Cost of asking third parties for disclosure is low - so trend is to do more of it.
Approach to custodians in preparing DRD s2
Tabulate custodians with their roles, start dates and end dates.
Heuristic when evaluating your own / other peoples’ searches
Do / ask for sampling.
When to propose search terms in DRD?
Once one has collected and uploaded documents, and can run hit counts; and once the IFDs are agreed.
When to prepare the s2 DRD for filing alongside disclosure?
Well in advance of disclosure
Do you set out what you haven’t done in your s2 DRD?
Yes. This has two advantages:
1. You can’t be accused of hiding anything.
2. If someone later asks for something you haven’t done, you can say “you have been on notice of this for ages, your request is too late”.
When should you set out your disclosure costs estimate in your s2 DRD?
When you file it for the second time alongside your disclosure.
