DISCLOSURE - an overview
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31 October 2012
Under CPR 31.2 - a party discloses a
document by saying it exists or has existed. A document is anything on
which information of any description is recorded.
In Ashwood Hospital v MGN  it was held that standard disclosure
this includes relevant docs (ie background docs which paint a picture)
and train of enquiry documents.
Under CPR 31.8 you must disclose docs limited to those in your control
(or which have been in your control), documents which you are deemed to
have, or have had control of are documents which you were in physical
possession of or had right to possession of, or had right to inspect or
take copies of it.
Under CPR 31.6 definition of standard disclosure is that a party must
1. Documents on which the party relies,
2. Documents which:
i. adversely affect the parties case,
ii. adversely affect another parties case,
iii. support another parties case
3. the docs which that party must disclose by a relevant practice
A Solicitor must tell their client:
1. That they have an obligation to disclose the above documents till
the end of trial under CPR 31.11 (must disclose to rely)
2. Not to destroy documents
3. To refrain from bringing in documents to their control as they will
need to be disclosed.
4. What a doc is... text message, emails etc
5. That they must conduct a reasonable search for documents within
their control under CPR 31.7.
6. what a reasonable search is. i.e. what is proportionate.
7. To search for docs adverse to case
By Lawdit Solicitors, Southampton.
About the Author
Lawdit Solicitors offer services and
advice for litigation, commercial contracts, Intellectual Property and IT legal
agreements. We are experts in commercial law with a heavy emphasis on
Intellectual Property, Internet and e-commerce law. Lawdit is a member of the
International Trademark Association, the Solicitors' Association of Higher Court
Advocates and we are the appointed Solicitors to the largest webdesign
association in the world, the United Kingdom Website Designers Association.
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Article Published/Sorted/Amended on Scopulus 2013-01-15 09:07:11 in Legal Articles