Disclosure Flashcards
Which is correct?
[A] A party discloses a document by stating that the document exists or has existed.
[B] A party discloses a document by serving it on another party
(CPR 31.2)
[A]
Which of the following is CORRECT?.
(i) All documents which may be relevant to the case must be disclosed for the purposes of standard disclosure
(ii) All documents which could go to the issue of credibility must be disclosed for the purposes of standard disclosure
[A] Neither (i) or (ii) is correct
[B] (i) is correct
[C] (ii) is correct
[D] Both (i) and (ii) are correct
(Dunn, p139; CPR 31.6; Favor Easy Management Ltd v Wu)
[A]
Which is correct?
[A] A party is only required to disclose a document if he now has the document in his control or the document has been in his control in the past [CPR 31.8].
[B] A party is only required to disclose a document if he now has the document in his control [CPR 31.8].
[A]
Which of these documents could be correctly described as a situation where a party has control or has in the past had control of the document in the question?
[i] A claimant who has physical possession of a written expert’s report.
[ii] A defendant who has a right to possession of his original books of account under the contract of sale of his business that occurred last year.
[iii] A defendant who has a statutory right to copies of his medical records held by his doctor and hospital
[iv] A Claimant who had physical possession of a computer database containing his invoices until it was stolen last month.
All of the documents could be described as a party having control or having had control of the documents
Which ONE of the following considerations can the parties NOT take into account when deciding the reasonableness of a search under Rule 31.6?
[A] The fact that the documents may be subject to legal professional privilege
[B] The significance of any document which is likely to be found during the search
[C] The ease and expense of retrieval of any particular document
[D] The nature and complexity of proceedings
(CPR 31.7(2))
[A]
Documents in the second part of the list of documents are those which are currently privileged from inspection. Which ONE OR MORE of the following statements provides a reason why a document SHOULD be privileged from inspection?
[i] The document is unfavourable to a party’s case
[ii] The document is a communication between a solicitor and his client created for the sole or dominant purpose of giving and/or receiving legal advice
[iii] The document is a communication between a solicitor and his client recording a personal matter
[iv] The document is a communication between the client and a third party created for the sole or dominant purpose as either evidence for contemplated or pending litigation or in order to obtain legal advice for contemplated or pending litigation
(See evidence manual on litigation privilege and advice privilege)
[ii] and [iv]
Claimant in an action against a chartered surveyor tells you the week before trial that he commissioned a second opinion from a different surveyor at the time of the alleged negligence. This second opinion was never pleaded.
Which of the following best represents the position to advise the Claimant of regarding the document?
[A] The claimant does not need to disclose the existence and contents of this second report to the defendant because the report is privileged.
[B] The claimant does need to disclose the existence of the document. However, the document is privileged from inspection because he has now handed it to a solicitor.
[C]There is no need to disclose the report as the duty disclosure is not ongoing.
[D] The claimant needs to disclose the existence and contents of this second report to the defendant because disclosure is an ongoing obligation and it is adverse to his case and so falls under Rule 31.6. He must allow the other party to inspect a copy.
[D]
Which one of these statements concerning the waiver of privilege is WRONG?
[A] Privilege from inspection is the lay client’s privilege and only the lay client can waive it
[B] A reference to a document in a witness statement will always act to waive any privilege to inspection.
[C] It is possible to disclose a document for a limited purpose without waiving any privilege from inspection that attaches to that document generally
[D] Privilege from inspection is not lost where waiver was made in excess of the powers of the person doing so
[B]
Which of the following statements is/are CORRECT?
[A] A claim of PII requires the Court to decide if the interests of justice in disclosing the document outweighs the public policy reason for excluding it.
[B] The public interest is determined solely by reference to the class of document or source of information in question.
[C] A claim of public interest immunity can be made without notice
[D] If a party’s claim of PII is successful, that party may subsequently waive the right to PII.
[A] and [C]
Which of the following is NOT an example of legal advice privilege?
[A] A note from a tax solicitor to his client advising him on his tax liabilities with regards to his business.
[B] A letter from a client to his solicitor expressing concerns that HMRC were investigating the affairs of his business.
[C] A letter from a chartered tax accountant to his client expressing his opinion that the tax arrangements being proposed were potentially unlawful.
[D] A letter from client to solicitor setting out his proposed tax arrangements. The letter does not explicitly ask for advice.
[C]
Which of these statements about third party or litigation privilege are CORRECT?
(Evidence manual 19.2.2.2)
[A] Litigation privilege covers communications concerning pending or contemplated litigation between either a lawyer or his client and a third party.
[B] For a document to fall under litigation privilege the dominant purpose of the communication must be litigation.
[C] The effect of legal professional privilege is that documents will not be admissible at trial unless the party who has the privilege waives it
[D] A letter to a potential witness asking her to give evidence would be protected by litigation privilege from disclosure
[E] All of the above are true
E
Which is correct:
[A] Where the alleged waiver of privilege was made in excess of the powers of the person doing so, privilege will not have been waived
[B] Documents may be disclosed for a limited purpose without waiving privilege generally
[C] If a document or communication is disclosed voluntarily, privilege will generally be lost.
[D] All of the above are true
(Evidence manual 19.2.2.6)
[D]
Which of the following are UNTRUE?
[A] The main obligation to disclose documents arises in fast track and multi track claims is as a result of directions made at the allocation stage, or at the first case management conference.
[B] In standard disclosure, the client must conduct a reasonable search for disclosable documents and then sign a “disclosure statement” to the effect that the nature of the duty to disclose is understood and has been complied with.
[C] If documents come to a party’s notice after lists have been exchanged, that party is under an immediate obligation to notify every other party
[D] A solicitor may sign a disclosure statement on behalf of a lay client under CPR 31.11
[D]
Disclosure must be made of documents which are, or have been, in a party’s control.
Which is correct?
[A] Control is defined as covering documents which are or have been in a party’s physical possession, and also where a party had a right to possession or to inspect or take copies.
[B] Control is defined as covering documents which are or have been in a party’s physical possession.
CPR 31.8(2)
[A]
Which is CORRECT:
[A] In multi track cases, not less than 14 days before the first case management conference each party must file and serve a report verified by a statement of truth, which describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case.
[B] In multi track cases, not less than 7 days before the first case management conference each party must file and serve a report verified by a statement of truth, which describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case.
[C] In multi track cases, not less than 7 days before the return of the directions questionnaire, each party must file and serve a report verified by a statement of truth, which describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case.
[D] In multi track cases, not less than 14 days before the return of the directions questionnaire, each party must file and serve a report verified by a statement of truth, which describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case.
CPR 31.5
[A]
