Civil Procedure

Disclosure, 4th Edition

Edited by Paul Matthews · Hodge M Malek, QC
Sweet & Maxwell U.K. February 2012

Specifications

ISBN-13
9780414047792
Publisher
Sweet & Maxwell U.K.
Publication
February 2012
Format
Hardback
Jurisdiction
Commonwealth, U.K. ? Countri(es) for reference only

Details

Disclosure provides an authoritative and detailed analysis of the law relating to the process by which parties to an action disclose to each other all documents relating to the action. It examines both substantive law and procedure, discussing the “who, what, how and when” of disclosure obligations and explaining the implications of non-compliance.
 
NEW TO THE 4TH EDITION:
  • Updated to include the Civil Procedure Amendment Rules 2010
  • Includes the latest developments in case law (mainly UK but also Commonwealth, Ireland and Channel Islands)
  • Offers amended forms and precedents in line with key changes in the law
  • Discusses key areas of change: electronic disclosure, time of disclosure, Norwich Pharmacal and other pre-action disclosure
KEY FEATURES:
  • Sets disclosure in context and examines its nature and purpose
  • 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
  • Looks at what must be disclosed and how
  • Considers who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure
  • Covers electronic disclosure and the court guidance on this
  • Examines the possible objections to disclosure
  • Looks at the inspection of documents and the potential objections to this
  • Considers the issue of privilege and the waiver of it
  • Examines the consequences of a failure to comply with the requirement of disclosure
  • Looks at information requests, witness statements and expert reports
  • Covers disclosure in a wide range of Courts and Tribunals
  • Examines how the Human Rights Act 1998 has impacted on Disclosure
  • Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands
  • Includes the relevant extracts from the CPR together with related Practice Directions and Forms

Table of Contents

Chapter 1
Introduction
Chapter 2
Time of disclosure
Chapter 3
Norwich Pharmacal and other pre-action disclosure
Chapter 4
Persons who must give disclosure
Chapter 5
What must be disclosed?
Chapter 6
Means of disclosure
Chapter 7
Electronic disclosure
Chapter 8
Objections to disclosure
Chapter 9
Inspection of documents
Chapter 10
Production by non-parties
Chapter 11
Objections to inspection (1): introduction and legal professional privilege
Chapter 12
Loss of privilege (2): public interest immunity
Chapter 13
Objections to inspection (3): the privilege against incrimination
Chapter 14
Objections to inspection (4): ‘without prejudice’ privilege
Chapter 15
Objections to inspection (5): witness statements, defamation privilege, diplomatic
privilege, other statutory and discretionary objections
Chapter 16
Loss of Privilege
Chapter 17
Failure to comply with disclosure obligation
Chapter 18
Solicitor’s obligations
Chapter 19
Collateral use of documents
Chapter 20
Information requests
Chapter 21
Other disclosure of facts
Chapter 22
Experts’ reports
Chapter 23
Real evidence
Chapter 24
Disclosure in other courts and tribunals
Chapter 25
The impact of the Human Rights Act 1998

Appendices
Appendix 1: Statutory Material 
Appendix 2: Rules of Court and Practice Directions 
Appendix 3: Forms and Precedents

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