Now in its 12th edition, Documentary Evidence
is a comprehensive guide to the legal obligations of disclosure. It provides detailed analysis and sensible practical advice, and is logically presented and lucidly written. It is a standard work that is often cited in court judgments. Following a chronological structure, it shows when and how a practitioner should take action in relation to the obligation to disclose.
- Provides a comprehensive guide to the principles, obligations and protections of disclosure, legal professional privilege and other aspects of evidence in the form
- Authored by a renowned Q.C., who provides detailed analysis, practical advice and robust views often derived from cases in which he has been personally involved
- Discusses in depth the key principles and problem areas of disclosure, and how to raise, or combat, the available defences against it
- Logically structured by following in chronological order the steps taken in conducting a case, the book shows the practitioner when and how to take action at each stage
- Advises on how to obtain, assess and manage the documents needed and how to identify the key issues
- Discusses the issues involved in the increasing use of electronic disclosure
- Analyzes the extent of the powers of regulatory or public bodies to obtain or
- Discusses how the Civil Procedure Rules have changed the position on disclosure in important respects #ndash; from pre-action protocols and powers, to objections to disclosure and inspection, to the practicalities and problem areas of CPR disclosure, to the failure and abuse of disclosure obligations
- Sets out the rights of access to documents, including those held by companies, trusts, partners, receivers and agents, as well as access to court documents, and the means by which data can be accessed
- Explains fully the nature of legal professional privilege – what rights different types of privilege provide, their breadth and limits, when and how to claim or waive them
- Describes the issues and obligations of confidentiality, including the development of the "collateral undertaking", or proscriptions against the misuse of information obtained through disclosure, both prior to and under the CPR
- Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the powers of and principles applied to by the English court, the application of foreign law, etc.
Has individual chapters on Witness statements and other written evidence; Expert reports; The Civil Evidence Act 1995
; and Powers of Investigation.