Chapter 15 Flashcards
What is disclosure?
A party disclosing a document by stating that the document exists or did exist.
What is a document in terms of disclosure?
Contracts and papers, hard copy correspondence, faxes, memos, reports, photographs, plans, maps, board minutes and diaries.
What is inspection?
The term used to describe seeing or being supplied with a copy of a document.
What is the purpose of disclosure?
To create an even playing field between the parties and adopt a “cards on the table” approach.
When can disclosure happen?
Before proceedings, after proceedings have been issued and after case management directions.
What rights are there to disclosure before proceedings are issued?
- Statutory right - patient doctor.
- Non- statutory - one party may consent to another viewing their medical records.
- An expectation of each party to supply documents
- Court order for disclosure.
Which tracks do the rules of formal disclosure apply to?
Fast and multi.
Under the standard disclosure, what search are the parties required to make?
A reasonable one for the documents that are or have been in their control.
Control could mean the sister company holds documents.
What level of disclosure is used in multi track cases?
Tailored.
What are examples of privilege?
Legal privilege (legal advice and litigation)
Without prejudice
What is the difference between legal advice privilege and litigation privilege?
Legal - protects against inspection of all communication between a client and lawyer.
Litigation - protects against inspection of all communication when litigation is reasonably contemplated.
What is without prejudice?
A genuine attempt to settle proceedings. It cannot be used by the other party against the party making the offer.
