Disclosure Flashcards
Does a party have a right to inspection of documents?
yes, if the documents have been disclosed
Are there any exceptions?
yes, where:
- the document is no longer in control of the party who disclosed it?
- the party who disclosed it has a right/duty to withhold it
- inspection would be disproportionate to the issues in the case
What is a Norwich Pharmacal order?
an order that can be applied for to require a third party to disclose documents
What are the types of disclosure?
standard, menu-option, specific disclosure
Is there an automatic duty to disclose documents?
no, the court has to order it and it would be limited to what is necessary for the individual case.
What type of disclosure is fitting for the fast track?
standard disclosure
What type of disclosure is fitting for a multi track claim that includes PI?
standard disclosure
What type of disclosure is fitting for a multi track claim that excludes PI?
menu-option
What are the types of legal professional privilege (LPP)?
legal advice and litigation privilege
What do the types of LPP have in common?
they both apply to communications and documents have arise after litigation has commenced or is contemplated.
What is the rule behind disclosure BEFORE proceedings start?
The court may make an order under this rule where:
- both the applicant and respondent are likely to be parties to the proceedings
- if proceedings had started, the respondent’s duty would extend by way of standard disclosure to documents that would normally be disclosed.
Why should the court make an order for disclosure BEFORE proceedings start?
Because it is desirable to:
- dispose fairly of the anticipated proceedings
- assist the dispute to be resolved without proceedings
- save costs
What is standard disclosure?
This requires a party to disclose only documents which he relies on, are required by a relevant PD and documents which:
- adversely affect his own case
- adversely affect another party’s case
- support another party’s case
