Disclosure, 5th Edition (3rd Supplement only)

Author: Paul Matthews; Hodge M. Malek
Publisher: Sweet & Maxwell U.K._
ISBN: 9780414081857

Previous Edition ISBN: 9780414070110
Published In: December 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

Description

Details

Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action.

Key Features:

Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action
Covers both documentary and non-documentary disclosure
Considers the timing when disclosure should be made
Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure
Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure
Considers the issue of privilege and the waiver of it
Examines the consequences of a failure to comply with the requirement to disclose
Looks at collateral use of documents, information requests, and expert reports
Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998
Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands

The Third Supplement brings the 5th edition up to date and covers important updates on the Disclosure Pilot Scheme and includes the following cases to name a few:

Motorola Solutions Inc v Hytera Communications Group Ltd [2021] EWCAS Civ 11 - dealing with without prejudice privilege, and the unambiguous impropriety exception
Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWCA Civ 551 - without prejudice privilege and the admissibility of statements in mediation
Stokoe Partnership Solicitors v Grayson [2021] EWCA Civ 626 - dealing with Norwich Pharmacal orders, including cross-examination on affidavits
Travelers Insurance Co Ltd v Berrymans Lace Mawer LLP [2021] EWCA Civ 978 - dealing with privilege attaching by joint retainer, and the position of successors in title
TBD (Owen Holland) Ltd v Andrew Simons [2021] 1 WLR 992, CA - concerned with questions relating to search and imaging of computers
Vneshprombank LLC v Bedzhamov [2021] EWHC 1360 (Ch) - dealing with search orders, and the operation of CPR rule 31.22

And many more…