Inspection Flashcards
(10 cards)
What does “inspection” mean in civil proceedings?
A) Searching for documents
B) Looking at a document disclosed by another party
C) Disclosing a list of documents
D) Filing a disclosure statement
B) Looking at a document disclosed by another party
Explanation:
Inspection is the process of viewing documents that have been disclosed by the other side. Disclosure is just stating a document exists.
When can inspection of a disclosed document be refused?
A) If it is confidential
B) If it is privileged
C) If it was disclosed late
D) If it was mentioned in a witness statement
B) If it is privileged
Explanation:
Privilege is a valid ground for refusing inspection, but confidentiality alone is not enough.
What is the maximum time allowed to allow inspection after receiving a request?
A) 3 days
B) 5 days
C) 7 days
D) 10 days
C) 7 days
Explanation:
Under CPR 31.15, inspection (or providing copies) must be allowed within 7 days of the request.
Which of the following documents can be inspected even before disclosure if referred to?
A) Statement of truth
B) Expert’s report
C) Disclosure list
D) Witness statement
D) Witness statement
Explanation:
Documents referred to in a witness statement can be inspected under CPR 31.14 even before the formal disclosure stage.
Waiving privilege over part of a document usually results in:
A) Waiver over the entire document
B) No change to the privilege status
C) The document being sealed by court order
D) Privilege transferring to the court
A) Waiver over the entire document
Explanation:
You cannot cherry-pick parts of a document. Waiving some usually waives all.
A party waives privilege by disclosing one solicitor-client letter about contract advice. What is likely to happen regarding related letters?
A) Privilege remains intact over related letters
B) Privilege is waived only for the disclosed letter
C) Privilege may be waived over related letters too
D) Privilege is lost only if the court orders
C) Privilege may be waived over related letters too
Explanation:
Partial waiver may cause loss of privilege over related documents to avoid misleading the court.
Party D refers vaguely to an expert report in a statement of case but does not disclose it. Can the opponent inspect it?
A) Yes, automatically
B) No, unless privilege is waived
C) Only with court permission
D) Never, because experts are confidential
B) No, unless privilege is waived
Explanation:
Mentioning a document does not always waive privilege. Inspection depends on whether privilege was lost.
Inspection reveals a document with some privileged parts and some non-privileged parts. What is the correct approach?
A) Disclose the full document without redaction
B) Redact only the privileged parts
C) Refuse disclosure entirely
D) Edit the document before inspection
B) Redact only the privileged parts
Explanation:
Only genuinely privileged parts should be redacted, allowing inspection of the rest.
During inspection, a party notices that a document has been heavily redacted. What can they do?
A) Accept the redaction without question
B) Apply to court to challenge the redaction
C) Demand to inspect all other documents
D) Ignore it because inspection has already occurred
B) Apply to court to challenge the redaction
Explanation:
If a party disputes the withholding of parts of a document, they can challenge by applying to court under CPR 31.19(5).
If a party fails to allow inspection of a document properly disclosed, what is the consequence?
A) The document is automatically admissible
B) The party can still rely on it freely
C) The party needs court permission to rely on it
D) The document is automatically privileged
C) The party needs court permission to rely on it
Explanation:
Failing to allow inspection means you must seek court permission to rely on that document (CPR 31.21).
