header-logo header-logo

29 February 2008
Issue: 7310 / Categories: Case law , Law digest
printer mail-detail

CIVIL LITIGATION

Expandable v Rubin [2008] EWCA Civ 59, [2008] All ER (D) 148 (Feb)

The words “he wrote to me enclosing a copy of his note of the meeting and drawing my attention to the discrepancies” in a witness statement are sufficient to amount to “mention” of a document (in this case, the covering letter) for the purposes of CPR 31.14(1).

The document in question does not have to be relied on, or referred to, in any particular way or for any particular purpose, in order to be “mentioned”.

The general ethos of the CPR is for a more “cards on the table” approach to litigation. However, such mere mention does not constitute an automatic waiver of the legal professional privilege attaching to the document, so as automatically to entitle a party to inspect it pursuant to the rule.
 

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
The Land Registry has launched two consultations aimed at making its information more publicly accessible, ‘Restructuring HM Land Registry fees’, and ‘Future of access to HM Land Registry information’
Nearly 1,500 magistrates have been appointed in the first six months of 2026, almost double the number recruited in the same period in the previous year
Mrs Justice Joanna Smith has been appointed deputy president of the Business and Property Division on an interim basis, beginning on 1 November and continuing until a new president is appointed
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
back-to-top-scroll