Disclosure of Documents in UK Law

Leading Cases
  • Tweed v Parades Commission for Northern Ireland
    • House of Lords
    • 13 Diciembre 2006

    But even in these cases, orders for disclosure should not be automatic. The test will always be whether, in the given case, disclosure appears to be necessary in order to resolve the matter fairly and justly.

  • Belize Alliance of Conservation Non-Governmental Organisations v Department of the Environment of Belize and another
    • Privy Council
    • 29 Enero 2004

    It is now clear that proceedings for judicial review should not be conducted in the same manner as hard-fought commercial litigation. A respondent authority owes a duty to the court to cooperate and to make candid disclosure, by way of affidavit, of the relevant facts and (so far as they are not apparent from contemporaneous documents which have been disclosed) the reasoning behind the decision challenged in the judicial review proceedings.

  • Norwich Pharmacal Company v Commissioners of Customs and Excise
    • House of Lords
    • 26 Junio 1973

    They seem to me to point to a very reasonable principle that if through no fault of his own a person gets mixed up in the tortious acts of others so as to facilitate their wrong-doing he may incur no personal liability but he comes under a duty to assist the person who has been wronged by giving him full information and disclosing the identity of the wrongdoers.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 4)
    • Court of Appeal (Civil Division)
    • 07 Agosto 2002

    CPR 31.16(3)(c) requires that, if proceedings had started, the respondent's duty by way of standard disclosure, set out in CPR 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure. It is to be noted that the rule making body has not adopted the wider test of "relevance" which is found in section 33(2) of the 1981 Act.

  • Balabel v Air India
    • Court of Appeal (Civil Division)
    • 16 Marzo 1988

    Where information is passed by the solicitor or client to the other as part of the continuum aimed at keeping both informed so that advice may be sought and given as required, privilege will attach. Moreover, legal advice is not confined to telling the client the law; it must include advice as to what should prudently and sensibly be done in the relevant legal context.

  • Science Research Council v Nassé ; Leyland Cars Ltd v Vyas
    • House of Lords
    • 01 Noviembre 1979

    There is no principle in English law by which documents are protected from discovery by reason of confidentiality alone. There is no principle in English law by which documents are protected from discovery by reason of confidentiality alone.

  • R v Keane
    • Court of Appeal (Criminal Division)
    • 14 Marzo 1994

    We prefer to say that the outcome in the instances given by Lord Esher and Mann LJ results from performing the balancing exercise not from dispensing with it. If the disputed material may prove the defendant's innocence or avoid a miscarriage of justice, then the balance comes down resoundingly in favour of disclosing it.

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Legislation
  • Data Protection Act 2018
    • UK Non-devolved
    • 1 de Enero de 2018
    ... ... adaptation or alteration,(c) retrieval, consultation or use,(d) disclosure by transmission, dissemination or otherwise making available,(e) alignment ... is made or by reference to relevant legislation, lists or other documents, as they have effect from time to time;(c) confer a discretion on a ... ...
  • The Criminal Procedure Rules 2015
    • UK Non-devolved
    • 1 de Enero de 2015
    ... ... to the Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 those Regulations are called ‘the 2011 ... stating the extent of agreement with the prosecution as to documents and other matters and the reason for any disagreement (section 9(5) of the ... ...
  • Economic Crime (Transparency and Enforcement) Act 2022
    • UK Non-devolved
    • 1 de Enero de 2022
    ... ... to consist of—(a) a list of registered overseas entities,(b) documents delivered to the registrar under this Part or regulations made under it, ... 2022/1039, reg. 2(a) ... 23: Disclosure of information about trusts ... (1) This section applies to information ... ...
  • The Family Procedure Rules 2010
    • UK Non-devolved
    • 1 de Enero de 2010
    ... ... or a Welsh family proceedings officer appointed to witness the documents which signify a parent's or guardian's consent to the placing of the child ... the time for compliance has expired) ;(b) make such order for disclosure and inspection, including specific disclosure of documents, as it thinks ... ...
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Books & Journal Articles
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Law Firm Commentaries
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Forms
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