Plan - Disclosure

Question 1

General structure

Answer 1

1. Disclosure - give brief description of definitions of:
   a) a document (CPR 31.4)
   b) control (CPR 31.8)
   c) standard disclosure (CPR 31.6)
   Apply definitions to facts.
2. Inspection - Any reason why document cannot be inspected? i.e. privilege - Legal advice, Litigation, Without prejudice.
3. Where in the list of documents.

Question 2

Legal advice privilege

Answer 2

Confidential communication between lawyer and client prepared for the purpose of giving or receiving legal advice.

Communication: includes note of conversations.
Client defined in Three Rivers v Birmingham.
Must be confidential (Parry v Newsgroup Newspapers)

For the purpose of giving legal advice: Balabel v Air India - lawyer retained for legal advice, wider comms caught.

Question 3

Litigation privilege

Answer 3

Confidential communication between lawyer, client, third party, where the dominant purpose is legal advice, evidence or info for use in conduct of litigation where this is reasonably in prospect.

Dominant purpose: Waugh v British Railways Board - if multi-purpose and equal, not dom.
Best to consult commissioner of doc, not author

Lit. reasonably in prospect - must be particular case, not general threat (USA v Philip Morris)

Question 4

Without prejudice communication

Answer 4

Document whose purpose is a genuine attempt to settle a dispute.

• Substance not form (Rush + Tompkins v Greater London Council)