CMCS Common Market Commercial Services AVV v Taylor [2011] EWHC 324 (Ch), [2011] All ER (D) 269 (Feb)
There was no difference in principle between the ambit of the solicitor’s duty, on the one hand, in the conduct and supervision of disclosure and, on the other hand, in the conduct and supervision of any redaction of disclosable documents before they were offered for inspection.
Listing documents for the purposes of disclosure and making them available for inspection were both parts of the process more generally called disclosure, and the court was heavily reliant upon the solicitor’s duty to carry out or at least personally to supervise both tasks. The opposing party was entitled to assume, and ordinarily would assume, that his opponent’s solicitors would have carried out and/or supervised the whole of the disclosure process in the manner set out both in the standard text books and in well known authorities.
