disclosure

Question 1

when does disclosure report need to be filed + what CPR is it

Answer 1

14 days before CMC

CPR 31

Question 2

what do parties agree 7 days before the CMC

Answer 2

parties agree draft disclosure order

Question 3

what is the three part test for disclosure

Answer 3

1. document?
2. in party’s control
3. falling within scope of disclosure

Question 4

three types of ‘control’

Answer 4

1. in posession
2. right to take docs (ie solicitor has it)
3. right to take a copy

Question 5

what is the test for does it fall within scope of disclosure

Answer 5

a. party relies on it and
b. adversely effects own case, other side’s case or supports their case
c. required by practice direction

Question 6

so if these are all all satisfied are the disclosed

Answer 6

may be priviledged

Question 7

what two types of privileges are there with

Answer 7

litigation privilege

legal advice privilege

Question 8

3 parts of legal advice privilege

Answer 8

1. CONFIDENTIAL CORRESPONDENCE
   (cannot be to the other side)
2. BETWEEN LAWYER AND CLIENT
3. FOR PURPOSE OF GIVING LEGAL ADVICE

Question 9

3(/4) parts of litigation advice privilege

Answer 9

1. CONFIDENTIAL COMMUNICATION
2. BETWEEN LAWYER AND CLIENT, CLIENT AND TP oR LAWYER AND TP
3. FOR PURPOSE OF GETTING LEGAL ADVICE/INFO/EVIDENCE FOR LITIGATION REASONABLY IN PROSPECT

Question 10

what does litigation need to be …

can it have already started?

Answer 10

a real liklihood

if its already started its in reasonable prospect

Question 11

what other types of documents are priviledged and whats the term

Answer 11

without prejudice communication -GENUINE offers to settle

Question 12

what are the two ways of waiving priviledge

Answer 12

1. SERVING it on the other side (no longer confidential)

2. REFERING to it in a document to the other side

Question 13

so what is it crucial not to do?

Answer 13

refer to it in a document to the other side UNLESS you want to waive privilege

Question 14

what does a doc need to be for it to be redactable and what two types of info can be redacted

what about commercially sensitive?

Answer 14

severable

privileged or irrelevant

Commercially sensitive data cannot be redacted unless it is privileged or irrelevant

Question 15

which docs go into list one

list two?

Answer 15

disclosed documents which are not privileged

list two: docs which are dsiclosed but priviledged/redacted

list three: documents which WERE in their control but aren’t any more

Question 16

what do you do if new docs come to light

Answer 16

put them into a supplemental list

Question 17

what is the consequence of not disclosing?

Answer 17

party cannot rely on that document, without court’s permission

Question 18

how to you inspect a document which has been dsiclosed

Answer 18

send notice to other side and wait 7 days