Disclosure and Inspection

Question 1

Under standard directions, parties are required to provide _____ prior to the exchange of ______ ________

Answer 1

disclosure, witness statements

Question 2

The duty to provide disclosure is to inform the other party of the existence of all _________ that are ________ to the litigation

Answer 2

documents, relevant

Question 3

Standard disclosure in fast track and PI multi track cases requires each party to identify and inform the other of the existence of which four types of documents?

Answer 3

1. Party intends to rely
2. Adversely affect the party’s case
3. Adversely affect the other party’s case
4. Support the other party’s case

Question 4

What 3 circumstances is a party deemed to have ‘control’ of a document, meaning the duty to disclose extends to it?

Answer 4

1. Physical possession
2. Right to possession
3. Had possession but no longer does

Question 5

‘Control’ of a document would include documents that a party has the right to do what 3 things?

Answer 5

1. Possess
2. Inspect
3. Copy

Question 6

What type of search do the courts expect each party to make for documents?

Answer 6

A reasonable and proportionate search

Question 7

If a document is removed/destroyed a solicitor is required to inform the ____ and the ____ ____ of its existence, together with the ______ for its destruction

Answer 7

court, other party, reason

Question 8

What can the court do with the fact that a party has failed to preserve a relevant document?

Answer 8

Draw an adverse inference

Question 9

Can the court alter or dispense standard disclosure?

Answer 9

Yes

Question 10

What 3 sections are parties to a fast track or PI multi-track case required to split the disclosure list into?

Answer 10

1. Documents in its control that they don’t object to the other party inspecting
2. Documents in its control that they do object to inspection, along with reasons why
3. Documents no longer in its control

Question 11

What 3 things must a party’s disclosure statement entail?

Answer 11

1. Understanding of the duty to give disclosure
2. Certification of duty
3. They believe the extent of search made is reasonable and proportionate

Question 12

What 4 things must a written request for information include?

Answer 12

1. Documents sought and why they are relevant
2. Why it’s reasonable and proportionate for the docs to be disclosed
3. Grounds for believing their existence
4. Safeguards

Question 13

What 4 options does a party have if they are not content with disclosure provided by an opponent?

Answer 13

1. Apply for specific disclosure
2. Notice to admit facts
3. Apply for an unless order
4. Make a request for information

Question 14

What four situations can rebut an automatic right to inspect a disclosed document?

Answer 14

1. Privilege
2. Document no longer in party’s control
3. Disproportionate to allow inspection
4. Documents may be redacted

Question 15

In a non-PI multi track claim, when must each party file a disclosure report?

Answer 15

14 days before first CMC, otherwise with the Direction’s Questionnaire

Question 16

Not less than how many days before the first CMC must the parties meet/discuss to agree a proposal for disclosure that meets the overriding objective?

Answer 16

7 days

Question 17

Legal advice privilege protects communications between a _____ and their _______ with a view to obtaining or providing legal _____

Answer 17

client, solicitor, advice

Question 18

Litigation privilege protects communications with _____ ______ (for example, barristers and _______) relating to pending or contemplated _________

Answer 18

third parties, experts, litigation

Question 19

Litigation privilege applies as long as the communication was sent when there was a…

Answer 19

real likelihood of litigation

Question 20

Common interest privilege occurs when there are multiple _________ or _____ _____. The parties may send privileged documents to each other but claim these are privileged from inspection by _______ _________

Answer 20

defendants, group actions, other parties

Question 21

Without prejudice privilege protects discussions regarding potential ________ that the parties agreed were not to be referred to in _____ to the ________ of a party

Answer 21

settlement, court, detriment

Question 22

Public interest immunity aims to protect against disclosure of what types of documents/information?

Answer 22

That which might harm the nation or the administration of justice

Question 23

Who does privilege belong to and can only be waived by?

Answer 23

The client

Question 24

When can an opponent use privileged information that a solicitor has accidentally disclosed?

Answer 24

With the permission of the court

Question 25

Remember: privileged documents are ________ with a generic description in the __________ ____, but they may not be ________ if they’re privileged

Answer 25

disclosed, disclosure list, inspected

Question 26

if the party does intend to rely on the report, it must be _______ and it loses its ________ and is subject to _______

Answer 26

disclosed, privilege, inspection

Question 27

A party who discloses a document must permit inspection not more than how many days after the date on which they received the notice?

Answer 27

7 days

Question 28

How many days after a request must a party provide a copy of a document that has been disclosed?

Answer 28

7 days

Question 29

The court can make a specific disclosure order requiring a party to search for and disclose documents which, it is reasonable to suppose, may contain information what potential 2 things?

Answer 29

Information that:
1. Will assist the applicant’s case or damage the respondent’s case; or
2. May lead to a train of enquiry that will assist the applicant’s case or damage the respondent’s case.

Question 30

An order for specific disclosure will require a party to do one or more of which 3 things?

Answer 30

1. Disclose documents or classes of documents specified in the order
2. Carry out a search to the extent specified in the order
3. Disclose any documents located as a result of that search