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A Practical Approach to Effective Litigation

A Practical Approach to Effective Litigation (8th edn)

Susan Blake
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date: 04 October 2022

19. Evidence and Disclosurelocked

19. Evidence and Disclosurelocked

  • Susan BlakeSusan BlakeDirector of Studies and Associate Dean, Inns of Court School of Law

Abstract

Collecting and analysing evidence is often one of the most expensive elements of litigation. The approach to dealing with disclosure of evidence has been modified as part of the reforms introduced following the review carried out by Lord Justice Sir Rupert Jackson. The norm of standard disclosure has been replaced by options for the level of disclosure designed to ensure that disclosure is proportionate, which presents opportunities for saving costs and opens up some tactical considerations as regards the level of disclosure to seek and to offer. This chapter focuses on general principles and approaches that are most likely to be effective in preparing a case. It discusses the key rules of admissibility; questions of weight and reliability on the evidence presented; identifying what needs to be proved in a case; types of evidence; collecting evidence; disclosure of evidence; electronic disclosure of evidence; and reviewing and advising on evidence.

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