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Borderlines in Private Law

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This book is now Out of Print.
A new edition was published, see:
Disclosure 3rd ed with 2nd Supplement isbn 9781847034694

Disclosure 3rd ed


ISBN13: 9780421922204
New Edition ISBN: 9781847034694
Previous Edition ISBN: 0421874104
Published: April 2007
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback
Price: Out of print



Disclosure provides an authoritative and detailed analysis of the law relating to the process whereby parties to an action disclose to each other all documents relating to the action. It examines both substantive law and procedure, discussing the "who, what, how and when" of disclosure obligations and explaining the implications of non-compliance.

The new edition incorporates recent revisions to the Civil Procedure Rules which have expanded the law relating to disclosure, in particular CPR 31.16 (Disclosure before proceedings start) and 31.17 (Orders for Disclosure against a person not a party). It is also up to date with significant case law such as the House of Lords decision in BCCI v. Bank of England (on legal professional privilege).

  • A single, reliable reference source for litigation practitioners, combining coverage of both substantive law and procedure
  • Explains complex areas clearly and recommends solutions in controversial areas
  • Provides detailed analysis of case decisions in the text, including Commonwealth cases
  • Includes the relevant extracts from the CPR together with related Practice Directions and Forms
  • Remains a key text internationally with material relevant to the Commonwealth, Ireland and the Channel Islands

Subjects:
Courts and Procedure
Contents:
Introduction
Time of Disclosure
Persons who must give Disclosure
What must be Disclosed
Means of Disclosure
Objections to Disclosure
Inspection of Documents
Production by Non-Parties
Objections to Inspection
Loss of privilege
Failure to Comply with Disclosure Obligation
Solicitor's Obligations
Collateral Use of Documents
Information Requests
Other Disclosure of Facts
Disclosure of Real Evidence
Disclosure in other Courts and Tribunals
The impact of the Human Rights Act 1998
Appendices