Wildy's Book of the Month: May 2015
Documentary Evidence provides a comprehensive guide to the legal obligations of disclosure. It supplies a blend of detailed legal analysis and clear, practical advice, steering practitioners in chronological order through all the issues that may arise during a case, and showing them when and how to take action at each stage.
A standard work often cited in court, this new edition allows readers to interpret the rules in light of the most recent case law.
- Deals with disclosure at all stages of a case, from pre-action to witness statements and expert reports
- Advises on how to obtain, assess and manage the documents needed
- Discusses the practicalities of CPR disclosure
- Shows how to raise, and combat, the available defences to disclosure
- Sets out the rights of access to documents held by companies, trusts, partners, receivers and agents, as well as access to court documents
- Explains what to do when disclosure obligations are not met
- Covers all aspects of privilege, including how to claim and waive it
- Discusses how to deal with international elements of a case, such as witnesses out of the jurisdiction or documentary orders against foreign entities
- Considers the impact of the Jackson reforms through the new r.31.5 asking the court to choose a disclosure menu
- Examines the Prudential v Pandolfo Supreme Court decision, the series of important decisions in the Tchenguiz litigation and important analysis on non-party disclosure in Constantin Medien AG v Ecclestone
- Features substantially rewritten chapters on self-incrimination and limited and implied waiver in the light of EU and ECHR decisions
