Civil Procedure: Evidence Flashcards
What is disclosure?
Disclosure is only about telling opponent what documents you have and producing a list of what it relevant to the case . Complete this process by telling the disclosure, using a form
What is inspection?
can given inspection by photocopying bundle and sending lever arch (so small businesses); a disk could be given or documents could be uploaded to the cloud for the opposition to review; the principle is – they are allowed to see the documents included on the list
CPR 31.3
Inspection exception 1: No longer in party's control (1) A party to whom a document has been disclosed has a right to inspect that document except where...(a) the document is no longer in the control of the party who disclosed it (2) Inspection exception 3: Proportionality Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b) – (a) he is not required to permit inspection of documents within that category or class..."
CPR 31.4
‘document’ means anything in which information of any description is recorded
CPR 31.6
Standard disclosure is only those documents: (a) on which the party relies; and (b) which adversely affect or support his own or another party’s case.
CPR 31.7
Must make a ‘reasonable’ search
CPR 31.8
Limited to documents that are or have been in the party’s control
CPR 31.11
Duty of disclosure continues during proceedings:
(1) Any duty of disclosure continues until the proceedings are concluded.
(2) If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.
CPR 31.19
A person may apply, without notice, for an order permitting him to withhold disclosure of a document on the ground that disclosure would damage the public interest.”
CPR 31.23
Favor Easy Management Ltd v Wu [2011] 1 WLR 1803
• Standard disclosure does not require the disclosure of documents which are only relevant to credibility
• We’re not interested if the witness is credible or not
What case states that without prejudice communications, whether oral or in writing, which are made with the general intention of seeking a settlement are privileged
Ofulue v Bossert [2009] 1 AC 990
What is the leading authority on legal advice being privileged?
Three Rivers District Council v Governor and Company of the Bank of England (No 6) [2005] 1 AC 610
CPR 32.4
The role of witness evidence
A witness statement details evidence that a witness will give at trial; service will be ordered by the court
CPR 32.5
Admissibility
Witness cannot give evidence at trial about matters not covered by statement, unless the court gives permission
CPR 32.14
False statements:
(1) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
(Part 22 makes provision for a statement of truth)
(Section 6 of Part 81 contains provisions in relation to committal for making a false statement of truth.)
