Disclosure

4th ed with 1st Supplement
ISBN: 978-0-414-03718-2
Verlag: Sweet & Maxwell

Buch, Englisch

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
- 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

Autoren/Hrsg.

Matthews, Paul

Malek, Hodge M

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

Contents:

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