Disclosure, 6th Ed by Hodge M Malek KC | 2023*

Disclosure, 6th Ed by Hodge M Malek KC | 2023

Disclosure offers a comprehensive and authoritative guide to the legal principles governing the disclosure process in litigation — where parties involved in a legal dispute are required to reveal documents within their possession, custody, or control that are relevant to the case.

Highlights of Disclosure, 6th Ed:

• Provides an in-depth explanation of the legal framework governing disclosure between parties in litigation.

• Covers both documentary and non-documentary forms of disclosure.

• Discusses the appropriate timing for making disclosure.

• Explores pre-action disclosure mechanisms, including Norwich Pharmacal orders.

• Outlines the obligations of various parties to give disclosure — including non-parties and those added solely for disclosure purposes.

• Analyses issues surrounding legal privilege and situations where it may be waived.

• Considers the consequences of failing to disclose as required.

• Addresses the rules around the collateral use of documents, handling information requests, and disclosure of expert reports.

• Applies disclosure principles across different courts and tribunals, factoring in the impact of the Human Rights Act 1998.

• Remains a leading reference internationally, with content applicable to Commonwealth jurisdictions, Ireland, and the Channel Islands.

New in the Sixth Edition:

• Updates reflecting the shift from the Disclosure Pilot Scheme to the new Practice Direction for Business and Property Courts.

• Recent case law, including:

  • Redaction: TVZ v Manchester City FC Ltd [2021]

  • Electronic disclosure: Sportsradar AG v Football Dataco Ltd [2022]

  • Document inspection: Michael Wilson & Partners Ltd v Emmott [2022]

  • Expert evidence: Pickett v Balkind [2022]

  • Legal privilege: ENRC, WH Holding, Jet2.com v CAA

  • Information requests: Al-Saud v Gibbs, Vardy v Rooney, Fairclough v Tasi Ltd

  • Non-compliance with disclosure: Ocado v McKeeve, Olympic Council of Asia v Novans Jets LLP

  • Access to court records: Cape Intermediate Holdings v Dring [2020]

This edition remains a crucial resource for legal practitioners handling complex disclosure issues in both domestic and international litigation.

Contents of Disclosure, 6th Ed by Hodge M Malek KC:

Part I: Introduction
1. Introduction

Part 2: Documentary Disclosure
2. Time of Disclosure
3. Norwich Pharmacal and other pre-action Disclosure
4. Persons who might give Disclosure
5. What must be Disclosed
6. Means of Disclosure
7. Electronic Disclosure
8. Objections to Disclosure
9. Inspection of Documents
10. Production by non-parties
11. Objections to inspection: introduction and legal professional privilege
12. Objections to inspection (2): public interest immunity
13. Objections to Inspection (3): the privilege against incrimination
14. Objections to Inspection (4): “without prejudice” privilege
15. Objections to Inspection (5): witness statements, defamation privilege, diplomatic privilege and other statutory and discretionary objections
16. Loss of Privilege
17. Failure to comply with disclosure obligation
18. Solicitor’s obligations
19. Collateral use of documents

Part 3: Non-Documentary Disclosure
20. Information requests
21. Other disclosure of facts
22. Experts’ reports
23. Disclosure of real evidence

Part 4: Other Aspects of Disclosure
24. Disclosure in other Courts and Tribunals
25. The Impact of the Human Rights Act 1998
Appendix
Statutes, Rules, Practice Directions and Forms