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Civil Law > Disclosure and inspection > Flashcards

Disclosure and inspection Flashcards

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1
Q

What is a Norwich Pharmacal Order?

A

A Norwich Pharmacal Order is an order against a person who innocently facilitates the wrongdoing of another to disclose the identity of that person

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2
Q

What are the conditions for a Norwich Pharmacal Order

A
  1. There has been some wrongdoing
  2. The Respondent has innocently facilitated the wrongdoing
  3. The applicant has sufficient interest (intends to bring a claim) against the wrongdoer
  4. The disclosure is necessary.
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3
Q

In what types of claims can Norwich Pharmacal be used in?

A

Any type of claims

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4
Q

Who has a general protection from Norwich Pharmacal Orders under the Contempty of Court Act 1981?

A

Journalists

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5
Q

What is the rule for disclosure on the small claims track?

A

Parties are only required to disclose the documents on which they intend to rely at trial

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6
Q

When first hired by a client, what should a lawyer say about disclosure?

A

They should remind clients of their duty to retain disclosable documents (PD31B.7)

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7
Q

When should disclosure first take place?

A

The PD on Pre Action Conduct and the PI Pre Action protocol require limited pre action disclosure

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8
Q

When should standard disclosure take place?

A

On the date provided by the Court when directions are made by the Court on allocation to a track or at a case management conference

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9
Q

What is the normal deadline for disclosure to take place on the fast track?

A

Four weeks after directions (PD28 3.12)

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10
Q

What 5 types of documents must a party disclose under standard disclosure?

A

Documents in a party’s control:

a) On which the party relies
b) Which adversely affect the party’s own case
c) Which adversely affect another party’s case
d) Which support another party’s case
e) That are specified by a practice direction

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11
Q

What must each party do to find a the documents required?

A

Each party must make a reasonable search for the disclosable documents (CPR 31.7)

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12
Q

When will a document be in a party’s control? (3 stages)

A
  1. It is or was in his physcal possession
  2. He has or had a right to take possession of it
  3. He has a right to inspect it or take copies of it
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13
Q

What 3 things must a party put on disclosure form N265?

A
  1. Identify privileged documents
  2. Identify inspectable documents
  3. Identify documents which were in the party’s control and what has happened to them
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14
Q

What must each party complete after disclosure?

A

A disclosure statement stating:

1) The extent of the search
2) That the party understands his duty of search
3) That the party has complied with the duty of search

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15
Q

What must a search be according to CPR 31.7?

A

Reasonable

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16
Q

What factors will a Court consider when deciding whether a party’s search was reasonable?

A
  1. The number of documents
  2. The nature and complexity of proceedings
  3. The ease and expense of document retrieval
  4. The significance of a document
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17
Q

What must parties in the multi track file no less than 7 days before the first Case Management Conference?

A

A disclosure report

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18
Q

What must a disclosure report do?

A

Describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
Describes where and with whom those documents are or may be located;

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19
Q

Where a party believes that disclosure has been inadequate, what can the other party do?

A

Make an application for specific disclosure

20
Q

What is the general rule about using disclosed documents for extraneous purposes?

A

The general rule is that the recipient of a disclosed document may only use it for the purpose of proceedings.

21
Q

What are the three exceptions to the general rule about the collateral use of disclosed documents?

A
  1. The document in question has been used in a public hearing
  2. The Court gives permission
  3. The parties agree
22
Q

What are the three conditions for pre-action disclosure against a possible party?

A
  1. The respondent is likely to be a party
  2. Standard disclosure would apply to the document the applicant is seeking
  3. Disclosure is necessary to dispose fairly of proceedings or assist the dispute to be resolved without proceedings
23
Q

Once proceedings have been commenced, an application for non party disclosure can be made. On what grounds can an application for non party disclosure be made?

A

The document is likely to support the applicant or adversely affect another party
Disclosure is necessary to dispose fairly of the claim or to save costs

24
Q

In the case of Smith v. Jones, Smith makes an application to the court for disclosure before proceedings have started. What must Smith include in the application?
A) The names of any potential witnesses
B) A list of questions for the respondent
C) Evidence to support the application
D) A statement of intent to file a lawsuit

A

Answer: C) Evidence to support the application

25
Q

In the case of Johnson v. Brown, Johnson seeks an order for disclosure before proceedings have started. Under what circumstances may the court make such an order?
A) Brown is likely to be a party to subsequent proceedings
B) Johnson is also likely to be a party to the proceedings
C) The documents Johnson seeks disclosure of would fall under Brown’s duty of standard disclosure if proceedings had started
D) All of the above

A

Answer: D) All of the above

26
Q

In the case of Lee v. Green, the court makes an order for disclosure before proceedings have started. What must be included in the order?
A) The time and place for the hearing
B) The documents the respondent must disclose
C) The amount of damages sought by the applicant
D) The names of the parties to the proceedings

A

Answer: B) The documents the respondent must disclose

27
Q

In the case of Wilson v. Brown, Wilson seeks an order for disclosure before proceedings have started. What must the court find in order to grant such an order?
A) That the respondent has already provided all relevant documents to the applicant
B) That the respondent is not likely to be a party to subsequent proceedings
C) That the applicant has not provided sufficient evidence to support the application
D) That disclosure before proceedings have started is desirable to assist in resolving the dispute without proceedings

A

Answer: D) That disclosure before proceedings have started is desirable to assist in resolving the dispute without proceedings

28
Q

In the case of Patel v. Smith, Patel makes an application for disclosure before proceedings have started. What must be included in the application?
A) A statement of intent to file a lawsuit
B) Evidence to support the application
C) The time and place for the hearing
D) A list of questions for the respondent

A

Answer: B) Evidence to support the application

29
Q

In the case of Johnson v. Lee, the court makes an order for disclosure before proceedings have started. What can the order require the respondent to do?
A) Indicate what has happened to any documents no longer in their control
B) Pay damages to the applicant
C) Appear in court for a hearing
D) Provide a list of witnesses for the trial

A

Answer: A) Indicate what has happened to any documents no longer in their control

30
Q

In the case of Thomas v. Smith, Thomas makes an application to the court for disclosure before proceedings have started. What type of evidence would be most useful to include in the application?
A) Personal opinions about the dispute
B) Emails or letters between the parties related to the dispute
C) Biographical information about the parties involved
D) Newspaper articles related to the dispute

A

Answer: B) Emails or letters between the parties related to the dispute

31
Q

In the case of Garcia v. Johnson, Garcia seeks an order for disclosure before proceedings have started. What must be true for the court to grant the order?
A) Garcia must prove that Johnson is likely to be a party to subsequent proceedings
B) Johnson must demonstrate that the documents sought by Garcia are irrelevant to the dispute
C) Garcia must show that disclosure before proceedings have started is desirable to save costs
D) The court must find that there is a high likelihood of a settlement before proceedings start

A

Answer: A) Garcia must prove that Johnson is likely to be a party to subsequent proceedings

32
Q

In the case of Kim v. Park, the court makes an order for disclosure before proceedings have started. What could be included in the order?
A) The time and place for the trial
B) The amount of damages sought by the applicant
C) A requirement for the respondent to provide a list of witnesses
D) A specification of the documents the respondent must disclose

A

Answer: D) A specification of the documents the respondent must disclose

33
Q

In the case of Jackson v. Smith, Jackson makes an application to the court for disclosure before proceedings have started. The court may only make an order under this rule if:
A) The respondent is not likely to be a party to subsequent proceedings
B) The applicant is not likely to be a party to subsequent proceedings
C) The respondent’s duty by way of standard disclosure would not extend to the documents sought by the applicant
D) Disclosure before proceedings have started is not desirable to save costs

A

Answer: C) The respondent’s duty by way of standard disclosure would not extend to the documents sought by the applicant

34
Q

In the case of Patel v. Lee, Patel makes an application for disclosure before proceedings have started. What must be included in the order if the court grants the application?
A) The names of potential witnesses for the trial
B) The amount of damages sought by the applicant
C) The documents or classes of documents that the respondent must disclose
D) The legal arguments that each party intends to make during the trial

A

Answer: C) The documents or classes of documents that the respondent must disclose

35
Q

In the case of Wilson v. Garcia, Wilson seeks an order for disclosure before proceedings have started. Under what circumstances may the court make such an order?
A) Wilson must show that there is a high likelihood of a settlement before proceedings start
B) Garcia must demonstrate that the documents sought by Wilson are irrelevant to the dispute
C) Wilson must provide evidence to support the application
D) The court must find that the documents sought by Wilson fall outside the respondent’s duty of standard disclosure

A

Answer: C) Wilson must provide evidence to support the application

36
Q

Which of the following is included in the definition of “document” in 31.4?
a) Only objects recorded on paper
b) Objects that instruct or provide information
c) Only physical objects
d) Objects that are not electronic

A

Answer: b) Objects that instruct or provide information

37
Q

What is the first step that Menelaus should take before initiating legal proceedings against the Defendants?
a) Issue a claim form
b) Serve the particulars of claim
c) Comply with the Practice Direction Pre-Action Conduct and Protocols
d) File a defence

A

Answer: c) Comply with the Practice Direction Pre-Action Conduct and Protocols

38
Q

What should Menelaus do after complying with the pre-action protocols?
a) Issue a claim form
b) Serve the particulars of claim
c) Write a letter before action to the Defendants
d) File a defence

A

Answer: c) Write a letter before action to the Defendants

39
Q

When must Menelaus serve the claim form within the jurisdiction?
a) Within 14 days after service of the particulars of claim
b) Before 12.00 midnight on the calendar day four months after the date of issue of the claim form
c) Within 14 days after service of the claim form
d) Within 28 days after service of the claim form

A

Answer: b) Before 12.00 midnight on the calendar day four months after the date of issue of the claim form

40
Q

How long does Menelaus have to serve the particulars of claim after service of the claim form?
a) 14 days
b) 28 days
c) 7 days
d) It depends on the value of the claim

A

Answer: a) 14 days

41
Q

When must the Defendants file an acknowledgement of service?
a) Within 14 days after service of the particulars of claim
b) Within 14 days after service of the claim form
c) Within 28 days after service of the claim form
d) Within 28 days after service of the particulars of claim

A

Answer: d) Within 28 days after service of the claim form, or within 14 days after service of the particulars of claim if the claim form states that particulars of claim are to follow.

42
Q

How long do the Defendants have to file a defence?
a) 14 days after service of the claim form
b) 28 days after service of the particulars of claim
c) 28 days after service of the claim form
d) 14 days after service of the particulars of claim

A

Answer: b) 28 days after service of the particulars of claim, or 14 days after service of the particulars of claim if the Defendants have filed an acknowledgement of service.

43
Q

Which track is this claim likely to be allocated to?
a) Small claims track
b) Fast track
c) Multi-track
d) It depends on the value of the claim

A

Answer: c) Multi-track

44
Q

What will happen at the costs and case management conference?
a) The judge will give directions for the case
b) The parties will exchange witness statements
c) The parties will prepare for trial
d) The parties will give disclosure

A

Answer: a) The judge will give directions for the case

45
Q

What will the parties do in accordance with the directions given by the court?
a) Serve the particulars of claim
b) File a defence
c) Give disclosure and permit inspection of relevant documentation
d) Issue a claim form

A

Answer: c) Give disclosure and permit inspection of relevant documentation

46
Q

What might Menelaus consider doing if it wins at trial and gets judgment in its favour?
a) Applying for a warrant of control over the Defendants’ goods
b) Serving the claim form
c) Filing a defence
d) Giving disclosure

A

Answer: a) Applying for a warrant of control over the Defendants’ goods.

Civil Law (22 decks)

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