Subjects:

Evidence

Contents:

Initial advice.

Pre-action disclosure from the opposing party.

Early disclosure after commencement of proceedings.

Documents in the control of a third party.

Documents as property.

Disclosure under the CPR.

Practicalities of CPR disclosure.

Failure and abuse of disclosure obligations.

Legal professional privilege.

Joint privilege and common interest privilege.

Without prejudice privilege.

Privilege against self-incrimination.

Loss and waiver of privilege.

The implied undertaking.

Public interest immunity.

The international element.

Witness statements.

Expert reports.

Evidence for trial.

The Civil Evidence Act 1995.

Powers of investigation.

E-Documentary evidence.

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

It is a standard work often cited in court judgments, and was once listed by a large City firm as the third most sought-after book in its library after the White Book and The Good Food Guide! This new edition allows readers to interpret the rules in light of the most recent case law.

• Fully updated to cover the latest judicial interpretations of the Civil Procedure Rules
• Examines recent updates of the CPR - in particular CPR 31.16 (Disclosure before proceedings start) and CPR 31.17 (Orders for Disclosure against a person not a party)
• Examines the impact of the House of Lords decision on legal professional privilege in Three Rivers v. Bank of England
• Regularly cited in court cases involving documents, disclosure or privilege issues