header-logo header-logo

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

Disclosure & inspection of documents

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll