Documentary Evidence, 12th Edition

Documentary Evidence, 12th Edition by Charles Hollander Q.C.

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
• Disclosure
• 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

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