Author Archives: Charles Holloway

About Charles Holloway

Lawyer, mediator, business consultant offering mediation services through Consensum and litigation triage advice to other lawyers and their clients.

Spare the rod

I have been reflecting recently on why litigants might choose a particular court to hear a dispute. Leaving aside any rule which determines where a dispute must be heard, if litigants had a free choice in the matter, they would choose a court which was conveniently located, where the in court facilities were sufficient, and… Read More »

Ask a man who can

I am not a DIY fan. According to Wikipedia: “The DIY ethic refers to the ethic of self-sufficiency through completing tasks without the aid of a paid expert. Literally meaning “do it yourself,” the DIY ethic promotes the idea that anyone is capable of performing a variety of tasks rather than relying on paid specialists.… Read More »

Size matters

One of the aspects of electronic documents which puzzles litigation lawyers is the amount represented by a megabyte or a terabyte and all gradations between and beyond! I have seen lawyers’ eyes glaze over at the mere mention of a gigabyte.  All they want or need is to be able to visualise what is involved.… Read More »

Two peas in a pod

It used to be said that the UK and America were two peoples separated by a common language. Apart from the obvious “Tomahto”, “Tomaydo” which is really only a difference in pronunciation, we are all familiar with the American “line” instead of “queue” or the “trunk” of the car instead of the British “boot.” Numerous… Read More »

..but it pours

In a post called It never rains… [Smart e-Discovery, 15th March, 2012], I reported on a case where Mr Justice Richards was critical of the attitude one party adopted towards e-disclosure. Describing their approach to disclosure he said: “There is a sort of lackadaisical view in relation to this category.” The case is a property… Read More »

The rise and rise of predictive coding

On the basis that when America sneezes, the rest of the world catches a cold, it is as well to take note of happenings across the water. Sharon Nelson’s Ride the Lightning service keeps me abreast of developments in the US.  Sharon’s latest piece entitled ABA Survey Shows Rapid Rise in Predictive Coding [Ride the Lightning,… Read More »

Flavour of the month

Suddenly everyone is talking about forensics. It cannot be just because the Olympics are over, or that The Lawyer has just published its latest table listing the top 100 UK law firms, revealing that as often happens with statistics, different results can be achieved using the same data but in different ways. It seems that… Read More »

A devilish problem

Dominic Lawson’s Sunday Times article dated 5th August 2012, entitled “To sell your soul, Faust, press Return”, suggested that our relationship with the computer has “become the modern equivalent of the Faustian pact” on the basis that computers and the internet have provided humans with such a wealth of information that there is an inevitable… Read More »