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
