Documentary Evidence, 15th ed | 2024*

Documentary Evidence, 15th ed | 2024 (Coming Soon)

**Expected delivery period: 14- 28 working days

Now in its 15th edition, *Documentary Evidence* remains a leading reference for the constantly evolving landscape of civil procedure, particularly regarding disclosure and privilege. Updated every three years, it ensures coverage of the latest legal developments and case law.

This book serves as a thorough guide to the legal requirements of disclosure. With a clear and systematic structure, it offers in-depth analysis and practical advice, helping practitioners understand when and how to act on disclosure obligations. Frequently cited in court rulings, it is considered a standard reference in the field.

Under the Civil Procedure Rules, parties are encouraged to adopt a transparent approach to sharing information, both before and during litigation. Early identification of key documents often informs decisions on the merits of proceeding with a case. If litigation moves forward, the law mandates comprehensive disclosure, requiring parties to exchange all relevant documents under their control. This book explores the full scope and nature of these obligations.

Key Features of Documentary Evidence, 15th ed:
- Provides an authoritative guide to the principles, obligations, and protections surrounding disclosure, legal privilege, and documentary evidence.
- Written by a renowned KC, offering expert analysis, practical insights, and perspectives drawn from personal case experience.
- Regularly cited in court, with recent mentions in *Al Sadeq v Dechert LLP [2024] EWCA Civ 28*, *JSC Commercial Bank Privatbank v Kolomoisky [2022] EWHC 868 (Ch)*, and *Recovery Partners GP Ltd v Rukhadze [2021] EWHC 1621 (Comm)*.
- Addresses core principles and challenges in disclosure, including raising or defending objections.
- Chronologically structured to guide practitioners through each stage of a case, detailing appropriate actions and strategies.
- Offers practical advice on managing documents, identifying key issues, and adapting to the growing prevalence of electronic disclosure.
- Discusses the regulatory and public bodies' powers to access or disclose documents.
- Explores the impact of the Civil Procedure Rules, from pre-action protocols to addressing disclosure failures and abuses.
- Explains access rights to documents held by various entities and outlines methods for obtaining data.
- Provides an extensive examination of legal professional privilege, including its scope, application, and limitations.
- Analyzes confidentiality obligations and the development of collateral undertakings against misuse of disclosed information.
- Discusses the international dimensions of disclosure, such as foreign evidence, jurisdictional issues, and the application of foreign laws.
- Includes chapters on specific topics like witness statements, expert reports, the Civil Evidence Act 1995, and investigative powers.

Updates in the 15th Edition:
- New jurisdictional gateway for Norwich Pharmacal applications (effective October 2022) and related case law (*Green v CT Group Holdings Ltd [2023] EWHC 3168 (Com)*).
- Guidance on out-of-jurisdiction applications for non-party disclosure (*Gorbachev v Guriev [2023] 2 WLR 1*).
- Developments in the iniquity exception and implied waiver (*Candey v Bosheh [2022] 4 WLR 84*).
- Recent rulings on litigation privilege, including its scope and application to non-parties (*Al Sadeq v Dechert [2024] EWCA Civ 28*).
- Updates on disclosure regimes, including chapters on PD57AD (successor to the disclosure pilot) and CPR 31.
- Key rulings on document destruction (*EDF Man v Come Harvest [2022] EWHC 229 (Comm)*, *Giddens v Frost [2022] EWHC 1022 (Comm)*).
- Latest insights into PD57AC (witness statements) from cases like *MAD Atelier International BV v Manes [2021] EWHC 1899 (Comm)*.
- Introduction of "Hollander Orders" for redaction disputes.

This comprehensive edition continues to provide indispensable guidance for legal practitioners navigating the complexities of documentary evidence and disclosure in civil litigation.

Contents of Documentary Evidence, 15th ed :

1. Pre-action Disclosure from the Opposing Party
2. Early Disclosure
3. Disclosure from Non-Parties and Witnesses
4. Norwich Pharmacal
5. Other Rights of Access to Documents
6. Access to Court Documents
7. Disclosure: Principles
8. PD 57AD
9. Disclosure under CPR 31
10. Other Forms Of Disclosure
11. Confidentiality and Redaction
12. Failure and Abuse of Disclosure Obligations
13. Privilege: A Fundamental Right
14. Privilege: General Principles
15. Claiming Privilege
16. Privilege: Problem Areas
17. Legal Advice Privilege
18. Litigation Privilege
19. Privilege Deriving from Joint and Common Interests
20. Without Prejudice Privilege
21. Privilege against Self-incrimination
22. Public Interest Immunity
23. Waiver of Privilege
24. Limited and Implied Waiver
25. Loss of Privilege through Inadvertence and Fraud
26. Funding: Disclosure and Privilege
27. Exclusion of Documentary Evidence
28. The Collateral Undertaking
29. The International Element
30. Witness Statements
31. Expert Reports
32. The Civil Evidence Act 1995
33. Powers of Investigation

Find similar books to Documentary Evidence, 15th ed : Evidence Law