Documentary Evidence, 12th Edition
Documentary Evidence, 12th Edition by Charles Hollander Q.C.
|Author||Charles Hollander Q.C.|
|Publisher||Sweet & Maxwell|
Documentary Evidence is a detailed guide on disclosure requirements under the law. It combines thorough legal analysis with straightforward, practical guidance, guiding practitioners through all of the problems that may emerge during a case in chronological sequence and teaching them when and how to respond at each point.
This revised version of a classic text that is often used in court helps readers to understand the rules in light of contemporary case law.
- From pre-action through witness statements and expert reports, this firm handles disclosure at every step of a lawsuit.
- Provides guidance on how to acquire, evaluate, and handle the necessary documentation.
- The practicalities of CPR disclosure are discussed.
- Shows how to raise and defeat the various disclosure defences.
- Sets forth the rights of firms, trusts, partners, receivers, and agents to access records kept by them, as well as access to court papers.
- What to Do If Your Disclosure Obligations Aren't Met
- It goes through all there is to know about privilege, including how to claim and waive it.
- Discusses how to handle international aspects of a case, such as witnesses who are located outside of the jurisdiction or documentary orders issued against overseas organisations.
- The new r.31.5, which asks the court to pick a disclosure menu, considers the effect of the Jackson revisions.
- Examines the Supreme Court judgement in Prudential v Pandolfo, a series of key rulings in the Tchenguiz dispute, and a key study on non-party disclosure in Constantin Medien AG v Ecclestone.
- In light of recent EU and ECHR judgements, the chapters on self-incrimination and limited and implied waiver have been considerably updated.
TABLE OF CONTENTS Documentary Evidence, 12th Edition
- 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