Climate Contract Playbook Edition 3
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5 Expert joint meetings should be held remotely, where it is not possible to meet in person in an environmentally conscious manner. 6 Parties agree to provide an easily accessible electronic bundle of documents for any experts or witnesses. Where the bundle for a particular meeting is made available in a single document, the party preparing the bundle should endeavour to bookmark/tab the bundle to allow the user to navigate it easily and minimise the temptation to print documents. Travel and accommodation 7 In exceptional cases where travelling is necessary, parties should endeavour to travel in as environmentally-friendly a manner as possible (for example, using hybrid or electric vehicles where possible) and use their best endeavours to offset any carbon emissions associated with air travel. 8 Where experts or witnesses do travel to meet with solicitors or counsel (or vice versa) the parties should endeavour to obtain accommodation near their meeting place to eliminate the need to travel by motorised transport.
Module 5 Document Production & Disclosure
Document Production and Disclosure 1 Parties agree that documents should be produced and disclosed electronically as far as possible. 2 Parties agree that electronic copies shall be provided in the form which allows the party receiving the documents the same ability to access, search, review and display the documents (including metadata) as the party providing them. 3 As regards hard copy documents, parties agree that these should be scanned and where possible, made word searchable, in order to facilitate production in electronic form. Reviewing Document Production and Disclosure 4 Parties agree to consider as far as possible ways to access data sources remotely rather than travelling and/or sending these to legal teams for review, including: a. Data to be sent via file sharing sites; and/or b. Remote, rather than localised, connections to servers.
Module 6 Hearings
Procedural & Evidentiary Hearings 1. The parties agree to consider whether the dispute can be resolved on a documents only basis, and without the need for a hearing. 2. The parties agree to the default position that hearings not requiring witness or expert evidence should be conducted using videoconferencing technology, telephone communication or other form of communications technology unless this is inappropriate in the circumstances of the case. 3. Parties will also consider the feasibility of this default position in hearings where witness or expert evidence is required.
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