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29 February 2008
Issue: 7310 / Categories: Case law , Law digest
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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.
 

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MOVERS & SHAKERS

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper—Jean-François Le Gal

Penningtons Manches Cooper strengthens international disputes team with appointment of leading arbitration partner

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau—Aaron Sanders & Kate Saunders

Shakespeare Martineau strengthens trust and estates disputes team with new appointments

Bellevue Law—Shannon Moore

Bellevue Law—Shannon Moore

Bellevue Law strengthens employment disputes and international advisory capability with senior associate appointment

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The Thirlwall Inquiry has exposed a ‘complete failure’ to protect babies at the Countess of Chester Hospital, but its recommendations must now be put into practice
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