Documentary Evidence, 12th Edition

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

Author Charles Hollander Q.C.
Publication Date 2015
ISBN 9789386374288
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
  • 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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