Climate Contract Playbook Edition 3
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8 Where experts or witnesses do travel to meet with legal representatives (or vice versa) the parties will endeavour to obtain accommodation near their meeting place to eliminate the need to travel by motorised transport.
Module 4 Document Production
Document Production and Disclosure 1
Parties agree that documents should be produced and disclosed/provided electronically as far as possible, unless a relevant court or tribunal order, procedural rule, practice direction or court guide requires hard copy documents to be disclosed. 2 Parties agree that, as far as possible, 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 they 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 5 Hearings
Location of Hearings 1. Parties agree, where appropriate, to seek permission for procedural hearings and hearings of one day or less to be held by video-conference. 2. Parties agree, where appropriate, to seek permission for hearings to be held on a hybrid basis whereby the legal teams for the parties attend Court but some or all experts and witnesses are permitted to provide oral testimony by way of video-conference. 3. 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 communication technology unless this is inappropriate in the circumstances of the case. Hearing Bundles 4. Parties agree, where permitted by a relevant court or tribunal order, procedural rule or practice direction, to use electronic hearing bundles only. Where possible, the bundles should be prepared in a format which can be electronically highlighted and annotated. 5. Parties agree, where permitted by a relevant court or tribunal order, procedural rule or practice direction, to provide electronic copies of opening and closing submissions only.
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