Chapter 11

<p>Information that supports both parties' cases (D)</p> Signup and view all the answers

<p>Consult with the client’s expert for further comments (C)</p> Signup and view all the answers

<p>The client's statement of case may be struck out. (C)</p> Signup and view all the answers

<p>To examine their client's documents themselves. (A)</p> Signup and view all the answers

<p>Withdraw from the case. (A)</p> Signup and view all the answers

<p>Start with the disclosure statement. (B)</p> Signup and view all the answers

<p>That each privilege has been properly claimed. (A)</p> Signup and view all the answers

<p>Inspect them to understand their inclusion. (C)</p> Signup and view all the answers

<p>The originals of the documents may need to be seen. (A)</p> Signup and view all the answers

<p>To identify potential undisclosed documents. (D)</p> Signup and view all the answers

<p>Limit the search to documents coming into existence after a certain date. (B)</p> Signup and view all the answers

<p>Issues regarding searches and preservation of documents. (C)</p> Signup and view all the answers

<p>The document is classified as confidential. (A)</p> Signup and view all the answers

<p>Written notice of their wish to inspect. (B)</p> Signup and view all the answers

<p>The document must be provided within seven days. (B)</p> Signup and view all the answers

<p>Make and serve a list of documents using Practice Form N265. (C)</p> Signup and view all the answers

<p>Inspection is deemed disproportionate to the issues in the case. (B)</p> Signup and view all the answers

<p>If the document is no longer in the control of the party disclosing it. (A)</p> Signup and view all the answers

<p>The case may be struck out. (B)</p> Signup and view all the answers

<p>If the court grants permission. (D)</p> Signup and view all the answers

<p>They could recover only half of their costs. (C)</p> Signup and view all the answers

<p>The order being sought and the grounds for it. (B)</p> Signup and view all the answers

<p>Details of dissatisfaction with the existing disclosure. (A)</p> Signup and view all the answers

<p>Being penalized financially. (D)</p> Signup and view all the answers

<p>The disclosing party can prevent the document's use in court. (A)</p> Signup and view all the answers

<p>The court may impose restrictions on its further use. (B)</p> Signup and view all the answers

<p>General identification and claim of privilege. (B)</p> Signup and view all the answers

<p>The specific wording of the document. (A)</p> Signup and view all the answers

<p>It is likely to benefit their client's position in the litigation. (C)</p> Signup and view all the answers

<p>To return the document to the disclosing party. (D)</p> Signup and view all the answers

<p>The solicitor may be barred from representing their client. (D)</p> Signup and view all the answers

<p>Fairness is maintained by rectifying mistaken disclosures. (B)</p> Signup and view all the answers

<p>Their judgment serves as a benchmark for assessing the situation. (B)</p> Signup and view all the answers

<p>They should return the document to the disclosing party. (C)</p> Signup and view all the answers

<p>Disclosing the actual documents. (B)</p> Signup and view all the answers

<p>That it contains confidential information that is blanked out. (D)</p> Signup and view all the answers

<p>It describes the type of documents for which privilege is claimed. (D)</p> Signup and view all the answers

<p>The document being adverse to the party's case. (B)</p> Signup and view all the answers

<p>Legal professional privilege. (B)</p> Signup and view all the answers

<p>They must be in the control of the disclosing party. (A)</p> Signup and view all the answers

<p>By giving a general description of the document type. (C)</p> Signup and view all the answers

<p>Confidential information can be blanked out. (B)</p> Signup and view all the answers

The right of a party to review a disclosed document, subject to certain exceptions.

A party may limit the scope of a document search to specific dates, locations, or types of documents, considering practicality and proportionality.

Parties should discuss potential issues regarding document searches and preservation before case management directions are given, especially in multi-track cases.

A party may request inspection of disclosed documents within seven days of providing written notice to the disclosing party.

Exceptions to the right of inspection include cases where the document is no longer in the disclosing party's control, there's a right or duty to withhold inspection, or inspection would be disproportionate.

A party can request a copy of a disclosed document instead of personal inspection, but they must pay reasonable copying costs.

Under a standard disclosure order, parties produce a list of documents using Practice Form N265, identifying them clearly and concisely.

A party can argue that inspection of a document category is disproportionate to the case's issues and decline inspection in their disclosure statement.

The principle that a party cannot unfairly benefit from receiving privileged documents by mistake and should return them to the disclosing party. This applies even if the receiving party was unaware of the mistake.

If a solicitor receives a privileged document by mistake and it's obvious to the solicitor that it's privileged, then they should return the document even if it might be beneficial to their client's case.

Factors considered when deciding whether a mistake is obvious include the nature of the document, its content, and the date it was created.

If a solicitor receives a privileged document by mistake but it's NOT obvious that there was a mistake, they can use the document. However, the disclosing party can seek an injunction to prevent its use and potentially remove the solicitor from the case.

A court order requiring the receiving party to stop using the privileged document and preventing their solicitors from continuing in the litigation.

This situation involves a privileged document that is mistakenly sent to the wrong party, but the recipient was not aware of the mistake during the initial receipt.

Privileged information is confidential communication between a client and their lawyer that is protected from disclosure.

Describes the situation where a solicitor might be tempted to use privileged information received by mistake to benefit their client's case.

A list of documents provided to the other parties in a civil case. This list can include either the actual documents themselves or a general description of the document type.

A legal concept that allows parties to withhold certain documents from inspection if those documents are considered confidential or irrelevant to the issues in the case.

Information protected by law, such as communication between a lawyer and their client, that cannot be disclosed to the opposing party in a lawsuit.

The act of examining the content of a document provided by the other party in a lawsuit.

A specific ground for objecting to disclosing a document. This ground protects confidential communications between a party and their lawyer for the purpose of receiving legal advice.

A legal obligation to disclose relevant documents to the other parties in a lawsuit.

A specific type of document that is protected from disclosure because its contents are considered confidential and irrelevant to the issues in the case, but its existence has been disclosed.

The act of intentionally omitting or covering up sensitive information within a document.

Failing to disclose a document can prevent its use in trial. This can be detrimental to a party's case and may even lead to the case being dismissed.

If a party is unhappy with the documents disclosed by the other side, they can apply to the court for a specific order.

It's crucial to carefully examine the wording of a document's claim to privilege to ensure it's valid.

When a document is disclosed, it can only be used for the current case unless certain conditions are met, such as court permission.

A party can be penalized financially for failing to properly disclose documents, like reduced cost recovery.

The List of Documents should clearly identify each document, describe its contents, and state if the document is original or a copy.

A template for drafting a list of documents can be found in Appendix B(9) to help ensure the document is complete and accurate.

A party should disclose all documents relevant to the case, including copies of documents they once possessed, even if they no longer have them.

A solicitor has a duty to the court to ensure proper disclosure of documents, even if the client refuses. If a solicitor cannot ensure this, they must withdraw from the case.

If a party deliberately destroys documents that are relevant to a case, their case can be dismissed.

Before inspecting an opponent's list of documents, it's important to discuss with the client and any experts what documents should be expected, to spot any missing documents.

The first part of a standard disclosure list contains documents relevant to the case. The second part lists documents that the party claims are privileged. The third part lists the originals of documents listed in the first part.

Check that the limitations imposed on disclosure are reasonable and consistent with any agreements or understandings reached.

When requesting inspection of physical documents, decide whether photocopies will suffice or if originals are necessary.

The disclosure statement provides essential information about the scope of the search and any limitations. It should be reviewed carefully before examining the document list.

When inspecting the opponent's document list, carefully check if any unexpected documents are included and whether any relevant documents are missing.

When disclosing electronic documents, they should be provided in their original format as created and stored.

Ensure that any mentioned attachments or referenced documents are included in the disclosed material.

Review documents in conjunction with your case analysis to identify supporting or contradicting evidence for your client's case.

A photocopy doesn't always capture everything, including handwritten notes or attached documents.

Review documents with a clear goal and purpose, considering what information is needed for your client's case.