Documentary Evidence

Documentary Evidence provides a comprehensive guide to the legal obligations of disclosure. It supplies a blend of detailed legal analysis and clear, practical advice, steering practitioners in chronological order through all the issues that may arise during a case, and showing them when and how to take action at each stage.

A standard work often cited in court, this new edition allows readers to interpret the rules in light of the most recent case law.

• Deals with disclosure at all stages of a case, from pre-action to witness statements and expert reports
• Advises on how to obtain, assess and manage the documents needed
• Discusses the practicalities of CPR disclosure
• Shows how to raise, and combat, the available defences to disclosure
• Sets out the rights of access to documents held by companies, trusts, partners, receivers and agents, as well as access to court documents
• Explains what to do when disclosure obligations are not met
• Covers all aspects of privilege, including how to claim and waive it
• Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction or documentary orders against foreign entities
• Considers the impact of the Jackson reforms through the new r.31.5 asking the court to choose a disclosure menu
• Examines the Prudential v Pandolfo Supreme Court decision, the series of important decisions in the Tchenguiz litigation and important analysis on non-party disclosure in Constantin Medien AG v Ecclestone
• Features substantially rewritten chapters on self-incrimination and limited and implied waiver in the light of EU and ECHR decisions