topic 6- Disclosure

Question 1

what is the test for standard disclosure?

Answer 1

1. must be a document,
2. limited to documents which are or have been in his control.
3. must rely on the document.
4. document must adversely affect his own case, adversely affect another party’s case or support another party’s case.

Question 2

who must sign the disclosure statement?

Answer 2

client must sign!
NOT a solicitor on behalf of them!

Question 3

what is litigation privilege?

Answer 3

A document which is a confidential communication which passed between the lawyer and his client or between one of them and a third party, where 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 4

what is a without prejudice documents?

Answer 4

privileged document which is a genuine attempt to settle a dispute.

Question 5

what is the court’s test for specific disclosure?

Answer 5

1. such disclosure is, in fact, ‘inadequate’ or
2. case is one where something more than standard disclosure is called for.

Question 6

what is the test for a Norwich pharmacal order?

Answer 6

When the identity of the D is unknown.

1. wrong must have been carried out by an ultimate wrongdoer.
2. Must be the need for an order to enable action to be brought against the ultimate wrongdoer.
3. Person against whom the order is made must be more than a mere witness/bystander.