Documentary Evidence is a comprehensive guide to the legal obligations surrounding the disclosure of information. It guides you through the ways that you should submit, analyse and present documentary evidence when in civil litigation, ensuring that nothing is missed and that full disclosure of relevant information is given by both sides in a case.
Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it.
Advises on how to obtain, assess and manage the documents needed and how to identify the key issues.
Discusses the issues involved in the increasing use of electronic disclosure.
Analyses the extent of the powers of regulatory or public bodies to obtain or disclose documents.
Discusses how the Civil Procedure Rules have changed the position on disclosure in important respects – from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations.
Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed.
Explains fully the nature of legal professional privilege – what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them.
Describes the issues and obligations of confidentiality, including the development of the “collateral undertaking”, or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR.
Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court, and the application of foreign law.
Has individual chapters on Witness statements and other written evidence; Expert reports; The Civil Evidence Act 1995; and Powers of Investigation.
The pace of change in litigation is dramatic, and this work has always taken pride in keeping up with developments by following a tight three-year publication cycle for new editions
HIGHLIGHTS OF THE NEW EDITION:
Introduction of the Jackson reforms, which are relevant to documentary evidence through the new r.31.5, with the court being asked to choose a “disclosure menu” and its impact on electronic disclosure.
Prudential v Pandolfo: Supreme Court decision on accountants’ privilege.
Series of decisions in the Tchenguiz litigation: four decisions on use of documents covered by the collateral undertaking, a Court of Appeal decision on litigation privilege, and a further Court of Appeal decision on inadvertent disclosure, and in particular inadvertent disclosure of public interest immunity documentation.
Constantin Medien AG v Ecclestone: important analysis on non-party disclosure.
Rewritten chapters on self-incrimination and limited and implied waiver, the former in the light of EU and ECHR decisions, and the latter as it is a highly topical issue.
Important new material on pre-action disclosure, and in particular Smith v Secretary of State for Climate Change.
Without prejudice privilege: controversial decision of the Court of Appeal in Avonwick holdings v Webinvest; decision of Blair J in Rochester Resources v Vekselberg.
The fraud exception to privilege: important new analysis in JSC Bank v Ablyazov.
Cases on Norwich Pharmacal: Various claimants v News Group Newspapers (facilitators); R(Omar) v Secretary of State for Foreign and Commonwealth Affairs (circumventing statutory provisions); RFU v Consolidated Information Services (Supreme Court).
Confidentiality clubs: McKillen v Misland (Cyprus).
Rewritten section on rights of shareholders and directors to access company documents.
Experts: latest case law on changing experts and discussion on “hot-tubbing”.
All the above is logically structured by following in chronological order the steps taken in conducting a case. The book shows the practitioner when and how to take action at each stage.
