header-logo header-logo

Disclosure & inspection of documents

26 January 2012
Issue: 7498 / Categories: Case law , Law digest , In Court
printer mail-detail

Serious Organised Crime Agency v Namli and another [2011] EWCA Civ 1411, [2012] All ER (D) 56 (Jan)
CPR 31.6(b)(ii) was unqualified.

 

Whereas para (a) expressly used the formula “on which [the disclosing party] relies”, no such words appeared in either CPR 31.6(b)(i) or (ii). It was not possible to read into CPR 31.6(b)(ii) the words “as against another party”, so as to limit the obligation to documents which adversely affected another party’s case as against some other party.

To do so was simply to add words that were not there. Moreover, the power conferred on the court by CPR 31.5 to limit disclosure rendered any contrived, forced or purposive interpretation of CPR 31.6 unnecessary. The power conferred by CPR 31.5(2) was not confined to the same occasion as that on which an order for disclosure was made under CPR 31.5(1). The wording suggested that separate orders were envisaged, that under para (1) being a direction and that under para (2) being an order dispensing with or limiting standard disclosure. 

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll