Documentary Evidence 13th edition
Documentary Evidence 13th edition By Charles Hollander
|Publication Date||June, 2018|
|Publisher||Sweet & Maxwell U.K|
Documentary Evidence, now in its 13th edition, is a thorough reference on the legal requirements of disclosure. It presents extensive analysis and excellent practical guidance in a logical and transparent manner.
It demonstrates when and how a practitioner should behave in connection to the need to disclose in a chronological order. It is a well-known text that is often mentioned in court decisions.
The Civil Procedure Rules promote the sharing of information between the parties to an action to be "cards-on-the-table," not only after litigation has begun, but also before it. A few papers will almost certainly be selected as important or critical to the issue at hand in the early phases. These will be utilized to provide advise on whether or not the dispute should be pursued.
If the decision to continue is made, the law requires the parties to make complete and adequate disclosure, which is the procedure by which the parties to an action reveal to each other any documents in their possession, custody, or authority related to the action's subject matter. The nature and extent of the need to disclose are discussed in this title.
Documentary Evidence 13th edition:-
- The concepts, duties, and safeguards of disclosure, legal professional privilege, and other features of evidence in the form of documents are all covered in this book.
- Authored by a prominent QC, this book gives in-depth analysis, practical counsel, and strong opinions, many of which are based on instances in which he has personally been engaged.
- The major ideas and issue areas of disclosure are discussed in detail, as well as how to enhance, or resist, the existing defences against it.
- Is rationally designed by following the stages performed in handling a case in chronological sequence, demonstrating the practitioner when and how to act at each point.
- Provides guidance on how to gather, evaluate, and maintain the necessary documentation, as well as how to identify the most important concerns.
- Discusses how disclosure methods have evolved as a result of the fact that most disclosure is now done electronically, as well as the problems and possibilities that this presents.
- Examines the scope of regulatory or governmental agencies' authority to request or disclose records.
- Discusses how the Civil Procedure Rules have changed the law on disclosure in key areas, such as pre-action procedures and powers, objections to disclosure and inspection, the practicality and issue areas of CPR disclosure, and failure and abuse of disclosure requirements.
- Sets out the rights to access records kept by firms, trusts, partners, receivers, and agents, as well as court papers, and the methods by which data may be obtained.
- Explains the many facets of legal professional privilege, including what rights various categories of privilege give, their scope and limitations, and when and how to claim or waive them.
- The ability of the court to exclude documentary evidence is explained.
- Describes the challenges and requirements of secrecy before and after the CPR, including the establishment of the "collateral undertaking," or prohibitions against the abuse of information gained via disclosure.
- Discusses how to deal with international elements of a case, such as witnesses from outside the jurisdiction, evidence in the jurisdiction for foreign proceedings, discovery proceedings abroad, documentary orders against foreign entities, the English court's powers and principles, the application of foreign law, and so on.
- Witness statements and other written evidence have their own chapters. Expert reports, the Civil Evidence Act of 1995, and investigative powers
TABLE OF CONTENTS of Documentary Evidence 13th 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
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