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The Civil Procedure Rules at 20$
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Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 06 August 2021



Should We Have Stayed with the RSC?

(p.155) 12 Disclosure
The Civil Procedure Rules at 20

Charles Hollander

Oxford University Press

Lord Woolf’s Access to Justice Report took the view that disproportionate litigation costs were spent on discovery. The CPR was intended to change that. This short chapter examines the experience of CPR 31 over 20 years and considers whether it would it have been better to retain in substance RSC ord 24 (as for example Hong Kong has done)? Taking the rules on pre-action disclosure, non-party disclosure and inadvertent disclosure of privileged documents as examples, it argues that the reforms have been largely unsuccessful, and that we should have retained the substance of the former rules. Broad discovery obligations do not necessarily lead to excessive courts.

Keywords:   disclosure, pre-action disclosure, third party disclosure, inadvertent disclosure, prohibition on subsequent use of disclosed documents, Hong Kong

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