Discovery of Documents in UK Law

Leading Cases
  • Riddick v Thames Board Mills Ltd
    • Court of Appeal (Civil Division)
    • 11 Marzo 1977

    Compulsion is an invasion of a private right to keep one's documents to oneself. The public interest in privacy and confidence demands that this compulsion should not be pressed further than the course of justice requires. In order to encourage openness and fairness, the public interest requires that documents disclosed on discovery are not to be made use of except for the purposes of the action in which they are disclosed.

  • R v Howell (Errol) (pet dis)
    • House of Lords
    • 11 Febrero 1982

    Discovery constitutes a very serious invasion of the privacy and confidentiality of a litigant's affairs. It forms part of English legal procedure because the public interest in securing that justice is done between parties is considered to outweigh the private and public interest in the maintenance of confidentiality.

  • Cloverbay Ltd (Joint Administrators) v Bank of Credit and Commerce International SA
    • Court of Appeal (Civil Division)
    • 29 Marzo 1990

    It is clear that in exercising the discretion the court has to balance the requirements of the liquidator against any possible oppression to the person to be examined. Such balancing depends on the relationship between the importance to the liquidator of obtaining the information on the one hand and the degree of oppression to the person sought to be examined on the other.

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

    Suppose, for example, a man had a slim chance of success without inspection of documents but a very strong chance of success with inspection, surely the proceedings could not be regarded as being fairly disposed of, were he to be denied inspection. Suppose, for example, a man had a slim chance of success without inspection of documents but a very strong chance of success with inspection, surely the proceedings could not be regarded as being fairly disposed of, were he to be denied inspection.

  • Bankers Trust Company v Shapira
    • Court of Appeal (Civil Division)
    • 04 Junio 1980

    This new jurisdiction must, of course, be carefully exercised. It is a strong thing to order a bank to disclose the state of its customer's account and the documents and correspondence relating to it. It should only be done when there is a good ground for thinking the money in the bank is the plaintiff's money - as for instance when the customer has got the money by fraud - or other wrongdoing - and paid it into his account at the bank.

  • 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.

  • Three Rivers District Council v Governor and Company of the Bank of England (No. 3)
    • House of Lords
    • 22 Marzo 2001

    For example, it may be clear as a matter of law at the outset that even if a party were to succeed in proving all the facts that he offers to prove he will not be entitled to the remedy that he seeks. In other cases it may be possible to say with confidence before trial that the factual basis for the claim is fanciful because it is entirely without substance. It may be clear beyond question that the statement of facts is contradicted by all the documents or other material on which it is based.

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Legislation
  • Common Law Procedure Act 1854
    • UK Non-devolved
    • 1 de Enero de 1854
    ... ... and of the Court, the Attendance of Witnesses, the Production of Documents, enforcing or setting aside the Award, and otherwise, as upon a Reference ... Examinations under the said Act of Parliament ... Discovery of Documents. L Discovery of Documents ... L. Upon the Application of ... ...
  • Arbitration Act 1934
    • UK Non-devolved
    • 1 de Enero de 1934
    ... ... (1) Security for costs: ... (2) Discovery of documents and interrogatories: ... (3) The giving of evidence by ... ...
  • Family Proceedings Rules 1991
    • UK Non-devolved
    • 1 de Enero de 1991
    ... ... (8) The petitioner shall file the documents required by paragraph (7) to be served on any person and thereupon, unless ... Preparations for trial Preparations for trial ... Discovery of documents in defended cause Discovery of documents in defended cause ... ...
  • Patents Act 1977
    • UK Non-devolved
    • 1 de Enero de 1977
    ... ... of this Act, that is to say, anything which consists of—(a) a discovery, scientific theory or mathematical method;(b) a literary, dramatic, ... rectify any undistributed copies of the patent and of any documents prescribed for the purposes of subsection (1) above ... Applications ... ...
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Books & Journal Articles
  • Recent Cases in Administrative Law
    • No. 34-2, June 1956
    • Public Administration
    ... ... Discovery of Documents HE Crown is empowered, whether or not it is a ... ...
  • Noticeboard
    • No. 15-4, October 2011
    • International Journal of Evidence & Proof, The
    • 0000
    ... ... about, among other things, the productionand inspection of documents prior to discovery; when parties shouldfile discovery plans; best-practice ... ...
  • Commentary on Chapter VI: CIVIL PROCEDURE IN NATIVE COURTS
    • No. 9-S1, April 1957
    • Public Administration and Development
    ... ... Discovery of documents 15. The suggestion was made that it would avoid ... ...
  • The Law Commission on Judicial Review
    • No. 56-6, November 1993
    • The Modern Law Review
    ... ... against the Crown, rules of standing and rules about discovery of documents. By any standard, questions about whether ... ...
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Law Firm Commentaries
  • Prince Andrew ' Obtaining Evidence Abroad
    • Mondaq UK
    ... ... style oral discovery by deposition ... Australia has also lodged a reservation pursuant to ... of documents as known in common law countries ... Given that Ms Giuffre's husband and ... ...
  • Prince Andrew ' Obtaining Evidence Abroad
    • Mondaq UK
    ... ... style oral discovery by deposition ... Australia has also lodged a reservation pursuant to ... of documents as known in common law countries ... Given that Ms Giuffre's husband and ... ...
  • Brexit – the end of Pan European Patent Dispute Resolution?
    • JD Supra United Kingdom
    For more than 40 years, resolving European cross-border disputes about patents in one proceeding has been a dream. The solution, by way of a new European Unified Patents Court (UPC), was until the ...
    ... ... typically have no live witnesses, no cross-examination, no discovery.  The national common law systems or ones like them as in Denmark, have ... , cross-examination of witnesses and limited discovery of documents in a targeted way.  And to get to trial in 12 months ... A central ... ...
  • Agency Worker Regulations – The 'Reasonable Steps Defence' In Practice
    • Mondaq UK
    ... ... Following disclosure and discovery of documents, we considered that the temps case had poor prospects of ... ...
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