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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: 28 October 2021

Discovery

Discovery

To Disclosure and Beyond

Chapter:
(p.65) 4 Discovery
Source:
The Civil Procedure Rules at 20
Author(s):

Peter Coulson

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198863182.003.0004

This short chapter considers the various reforms to the procedural problem child of disclosure. History shows that disclosure reform is difficult. This is because the basic principle of disclosure, that each side has to disclose everything relevant, even the documents that might show them in a very bad light, is a critical foundation of the Rule of Law. It underpins the whole concept of a fair trial in this country, and it is one of the reasons why England is a centre for international litigation. The key features of the disclosure pilot were fully consulted on and will be properly evaluated. They hold out the potential for better balancing the need for both sides to disclose everything that is relevant, whilst also ensuring that disclosure does not become an exercise that is too expensive and too enormous.

Keywords:   disclosure, fair trial, costs, electronic documents, disclosure pilot

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