Disclosure and Inspection of Documents Flashcards
what type of documents will disclosure include?
letters
emails
texts
audio
witness statement
How is disclosure defined?
it is the list stating that the documents exist
How is inspection defined?
the opposition picking documents that aren’t privileged and viewing them
Which type of claim does Part 31 does not apply to?
small claims track claims
under 31.2, When does a party disclose a document?
when they state that the document exists or has existed.
what are the three exceptions under 31.3(1) where a party to whom a document has been disclosed has a right to inspect that document?
if the document is no longer in control of the party who disclosed it
the party disclosing the document has a right/duty to withhold the inspection of it or
where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of documents under rule 31.6(b).
what must a party do if they consider that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b)?
he is not required to permit inspection of documents within that category or class but he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.
under CPR 31.14, a party may inspect a document mentioned in what type of documents?
a statement of case
a witness statement
a witness summary
or an affidavit
subject to r35.10(4), when can a party apply for an order for inspection of any document mentioned in an expert’s report?
which hasn’t already been disclosed in the proceedings.
Under 31.5, where a party has the right to inspect a document, what must they do?
they must give written notice of this wish to inspect it to the party who disclosed the document and the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice and that party may request a copy of the document and if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
under CPR r31.21, what is the consequence of failure to disclose or permit inspection?
a party may not rely on these as a result.
Under CPR r31.23, when can proceedings for contempt of court be brought against a person?
if he makes or causes to be made a false disclosure statement without an honest belief in its truth.
true or false:
the court has the power to order disclosure against a person who isn’t a party to the proceedings
true
when will a norwich pharmacal order be made?
if the info can’t be obtained by other means and if C has a real interest in suing the alleged wrongdoer.
what is the two stage test as to whether disclosure is desirable?
it must be jurisdictional and it must be discretionary