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Vol 23 No 5 May/June 2018

Book of the Month

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Drafting Commercial Agreements

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Documentary Evidence 12th ed (eBook)

ISBN13: 9780414053342
Published: April 2015
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £269.00 + £53.80 VAT
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Wildy's Book of the Month: May 2015

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

Evidence, eBooks
Initial advice
Pre-action disclosure from the opposing party
Early disclosure in the proceedings from the opposing party
Disclosure from non-parties and witnesses
Disclosure from facilitators: Norwich Pharmacal
Other rights of access to documents
Practicalities of CPR disclosure
Objections to disclosure and inspection
Failure and abuse of disclosure obligations
The nature of legal professional privilege
Claiming privilege
Legal advice privilege
Litigation privilege
Joint privilege and common interest privilege
Without prejudice privilege
Privilege against self-incrimination
Public interest immunity
Loss and waiver of privilege
Loss of privilege through inadvertence or fraud
The collateral undertaking
The international element
Witness statements and other written evidence
Expert reports
The Civil Evidence Act 1995
Powers of investigation