Disclosure

Question 1

What is standard disclosure?

Answer 1

Is it a document?
Is/was it in the party’s control?
Does it fall within CPR 31.6? Party must disclose:
The docs on which he relies; and
The docs which -
Adversely affect his own case;
Adversely affect another party’s case; or
Support another party’s case

Question 2

How does inspection work?

Answer 2

Party in receipt of disc. List would ask to see some/all of docs. Disclosing party must send copies within 7 days.

Question 3

When might a party refuse inspection?

Answer 3

Document no longer in party’s control or disproportionate or right/duty to withhold inspection (e.g. privilege).

Question 4

What is legal advice privilege?

Answer 4

A document which is a confidential communication between a lawyer and a client, prepared for the purpose of giving/receive legal advice.

Question 5

What is litigation privilege?

Answer 5

Confidential communication between lawyer/client or lawyer/client and 3rd party. The dominant purpose in creating the document is to obtain legal advice, evidence or information for use in the conduct of litigation which was at the time reasonably in prospect.

Question 6

Without prejudice privilege?

Answer 6

A document whose purpose is a genuine attempt to settle a dispute.