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5th Edition, 3rd Supplement
Series:  Litigation Library
Practice Area:  Litigation
ISBN:  9780414097322
Published by:  Sweet & Maxwell
Publication Date:  30 Nov 2021
Subscription Information:  Non-Subscribable Product
Format:  Paperback
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Disclosure provides an authoritative and detailed analysis of the law relating to disclosure, i.e., the process whereby the parties to a legal action disclose to each other all documents in their possession, custody or power relating to matters in question in the action. 

Key Features:
  • Provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action
  • Covers both documentary and non-documentary disclosure
  • Considers the timing when disclosure should be made
  • Examines the granting of Norwich Pharmacal relief and other forms of pre-action disclosure
  • Discusses who must give disclosure, including special cases, non-parties and parties joined to an action for the purposes of disclosure
  • Considers the issue of privilege and the waiver of it
  • Examines the consequences of a failure to comply with the requirement to disclose 
  • Looks at collateral use of documents, information requests, and expert reports
  • Covers disclosure in a wide range of Courts and Tribunals, and the continuing effects of the Human Rights Act 1998
  • Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands
The Third Supplement brings the 5th edition up to date and covers important updates on the Disclosure Pilot Scheme and includes the following cases to name a few:
  • Motorola Solutions Inc v Hytera Communications Group Ltd [2021] EWCAS Civ 11 - dealing with without prejudice privilege, and the unambiguous impropriety exception
  • Berkeley Square Holdings Ltd v Lancer Property Asset Management Ltd [2021] EWCA Civ 551 - without prejudice privilege and the admissibility of statements in mediation
  • Stokoe Partnership Solicitors v Grayson [2021] EWCA Civ 626 - dealing with Norwich Pharmacal orders, including cross-examination on affidavits
  • Travelers Insurance Co Ltd v Berrymans Lace Mawer LLP [2021] EWCA Civ 978 - dealing with privilege attaching by joint retainer, and the position of successors in title
  • TBD (Owen Holland) Ltd v Andrew Simons [2021] 1 WLR 992, CA - concerned with questions relating to search and imaging of computers
  • Vneshprombank LLC v Bedzhamov [2021] EWHC 1360 (Ch) - dealing with search orders, and the operation of CPR rule 31.22
And many more…

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  • Chapter 1: Introduction; 
  • Chapter 2: Time of disclosure; 
  • Chapter 3: Norwich Pharmacal and other pre-action disclosure; 
  • Chapter 4: Persons who must give disclosure; 
  • Chapter 5: What must be disclosed; 
  • Chapter 6: Means of Disclosure; 
  • Chapter 7: Electronic disclosure; 
  • Chapter 8: Objection to disclosure; 
  • Chapter 9: Inspection of documents; 
  • Chapter 10: Production by non-parties; 
  • Chapter 11: Objections to inspection (1): introduction and legal professional privilege; 
  • Chapter 12: Objections to inspection (2): public interest immunity; 
  • Chapter 13: Objections to inspection (3): the privilege against incrimination; 
  • Chapter 14: Objections to inspection (4): ‘without prejudice’ privilege; 
  • Chapter 15: Objections to inspection (5): witness statements, defamation privilege, diplomatic privilege, other statutory and discretionary objections; 
  • Chapter 16: Loss of privilege; 
  • Chapter 17: Failure to comply with disclosure obligation; 
  • Chapter 18: Solicitor’s obligations; 
  • Chapter 19: Collateral use of documents; 
  • Chapter 20: Information requests; 
  • Chapter 21: Other disclosure of facts; 
  • Chapter 22: Experts’ reports; 
  • Chapter 23: Real evidence; 
  • Chapter 24: Disclosure in other courts and tribunals; 
  • Chapter 25: The impact of the Human Rights Act 1998


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