Disclosure

4. Auflage 2012
ISBN: 978-0-414-04779-2
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 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 ist 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

Chapter 1
Introduction
Chapter 2
Time of disclosure
Chapter 3
Norwich Pharmacal and other pre-action disclosure
Chapter 4
Persons who must give disclosure
Chapter 5
What must be disclosed?
Chapter 6
Means of disclosure
Chapter 7
Electronic disclosure
Chapter 8
Objections to disclosure
Chapter 9
Inspection of documents
Chapter 10
Production by non-parties
Chapter 11
Objections to inspection (1): introduction and legal professional privilege
Chapter 12
Loss of privilege (2): public interest immunity
Chapter 13
Objections to inspection (3): the privilege against incrimination
Chapter 14
Objections to inspection (4): ‘without prejudice’ privilege
Chapter 15
Objections to inspection (5): witness statements, defamation privilege, diplomatic
privilege, other statutory and discretionary objections
Chapter 16
Loss of Privilege
Chapter 17
Failure to comply with disclosure obligation
Chapter 18
Solicitor’s obligations
Chapter 19
Collateral use of documents
Chapter 20
Information requests
Chapter 21
Other disclosure of facts
Chapter 22
Experts’ reports
Chapter 23
Real evidence
Chapter 24
Disclosure in other courts and tribunals
Chapter 25
The impact of the Human Rights Act 1998

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