Authors: Paul Matthews, Hodge Malek QC
"A treasure trove of learning, clearly and accurately distilled." – Lord Bingham of Cornhill
"An extremely important contribution to procedural and evidential scholarship" – Civil Justice Quarterly
Disclosure 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. It examines both substantive law and procedure, discussing the 'who, what, how and when' of disclosure obligations and explaining the implications of non-compliance. The new edition brings the text up-to-date with the evolution of the Civil Procedure Rules, examines the implications of trends in e-disclosure, incorporates important developments in time of disclosure, Norwich Pharmacal relief, objections to disclosure, and other areas, and examines recent cases.
- Covers both documentary and non-documentary disclosure
- Explains complex areas clearly and recommends solutions in controversial areas
- Provides detailed analysis of case decisions, including Commonwealth cases
- Includes the relevant extracts from the CPR, with related Practice Directions and Forms
- Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands.
Contents
Introduction;
Time of Disclosure;
Norwich Pharmacal and Other Pre-action Disclosure;
People Who Must Give Disclosure;
What Must Be Disclosed;
Means of Disclosure;
Electronic Disclosure;
Objections to Disclosure;
Inspection of Documents;
Production by Nonparties;
Objections to Inspection;
Loss of privilege;
Failure to Comply with Disclosure Obligation;
Solicitor's Obligations;
Collateral Use of Documents;
Information Requests;
Other Disclosure of Facts;
Experts' Reports;
Real Evidence;
Disclosure in Other Courts and Tribunals;
The Impact of the Human rights Act 1998;
Appendices.
Jurisdiction: England/Wales/Commonwealth