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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