Disclosure, 6th Edition

Author: Paul Matthews; Hodge M. Malek
Publisher: Sweet & Maxwell U.K.
ISBN: 9780414109919

Previous Edition ISBN: 9780414070127
Published In: December 2023
Format: Hardback
Jurisdiction: Commonwealth, U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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 Sixth Edition brings the work up to date. In particular, it covers the important transition from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property cases. It also includes the following cases, to name but a few:

Cases on redaction, such as TVZ v Manchester City FC Ltd [2021] EWHC 1179 (QB)
Cases about electronic disclosure, such as Sportsradar AG v Football Dataco Ltd [2022] CAT 37
Cases dealing with inspection of documents, like Michael Wilson & Partners Ltd v Emmott [2022] EWHC 730 (Comm)
Cases on experts, such as Pickett v Balkind [2022] 4 WLR 88
Important privilege cases, such as Director of the Serious Fraud Office v Eurasian Natural Resources Ltd [2018] EWCA Civ 2006, WH Holding Ltd v E20 Stadium LLP [2018] EWCA Civ 2652, and R (Jet2.com Ltd) v Civil Aviation Authority [2020] EWCA Civ 35
Information request cases, including Al-Saud v Gibbs [2022] 1 WLR 3082, Vardy v Rooney [2022] EWHC 1209 (QB) and Fairclough v Tasi Ltd [2022] EWHC 2714 (Ch)
Cases on failure to comply, like Ocado Group Plc v McKeeve [2021] EWCA Civ 145 and Olympic Council of Asia v Novans Jets LLP [2023] EWHC 276 (Comm)
Cases on access to the court file, such as Cape Intermediate Holdings Ltd v Dring [2020] AC 629

1. Introduction
2. Time of Disclosure
3. Norwich Pharmacal and Other Pre-action Disclosure
4. People Who Must Give Disclosure
5. What Must Be Disclosed
6. Means of Disclosure
7. Electronic Disclosure 8. Objections of Disclosure
9. Inspection of Documents
10. Production by Non-parties
11. Objection to Inspection
12. Loss of Privilege
13. Failure to Comply with Disclosure Obligation
14. Solicitor’s Obligations
15. Collateral Use of Documents
16. Information Requests
17. Other Disclosure of Facts
18. Experts’ Reports
19. Real Evidence
20. Disclosure in Other Courts and Tribunals
21. The Impact of the Human Rights Act 1998
Appendix 1: Statutory Material
Appendix 2: Rules of Court and Practice Directions
Appendix 3: Forms and Precedents.