Contributions to E-disclosure from Steven Whitaker, the

Queens Remembrance
It is also important to acknowledge the immense benefit that lawyers, both within this
jurisdiction as well as right across the globe, from Singapore to the States, have derived
from Steven Whitakers wisdom, experience and guidance on e-disclosure and related
matters.
As Queens Remembrance, Steven Whitaker was the holder of an ancient judicial office,
nearly as old as the office of the Lord High Chancellor, and presided over two of the
oldest legal ceremonies, the Rendering of the Quit Rents to the Crown and the Trial of
the Pyx.
However, Steven Whitaker will undoubtedly be remembered more for his involvement
with the development of procedural law around a recent phenomenon; how to deal with
electronic evidence effectively, rather than the quaint and archaic ceremonial parts of his
role that he also dutifully discharged since 2007. Steven sat on the Civil Procedure Rule
Committee from 2002 until 2008. He also set up and led the Working Party that looked
at how to deal with e-disclosure.
Steven Whitaker has provided an essential education in his judicial capacity to both the
judiciary and lawyers on the importance of e-disclosure, and he will hopefully continue to
impart his considerable knowledge and accumulated wisdom on this topic in a personal
capacity too.
Chris Dale makes two important observations on Stevens contributions which deserve to
be repeated. The first is the way in which Steven Whitaker pioneered pre-emptive,
proactive judicial case management. This now seems as if Steven was acting almost
presciently with the Jackson Reforms in mind, with the general emphasis on active
judicial case management as well as the specific judicial focus on e-disclosure given the
new menu option under CPR 31.5A.
Good ale v Ministry of Justice is still certainly the ultimate example of how a judge that
actually understands tools and techniques, is then able to ensure e-disclosure exercises
are undertaken as effectively and as proportionately as possible. The Electronic
Documents Questionnaire he pioneered in this case, which has since been formally
incorporated into Practice Direction 31B and has also been explicitly approved by Lord
Justice Jackson, still remains the basis for scoping e-disclosure exercises.
The final but most important observation that Chris Dale has put so eloquently that I
make no apologies for quoting almost verbatim is that Steven Whitakers greatest skill,
and arguably the one that will be most sorely missed, was his ability in making
procedure the servant of justice.
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