Jump to ContentJump to Main Navigation
The Civil Procedure Rules at 20$
Users without a subscription are not able to see the full content.

Andrew Higgins

Print publication date: 2020

Print ISBN-13: 9780198863182

Published to Oxford Scholarship Online: October 2020

DOI: 10.1093/oso/9780198863182.001.0001

Show Summary Details
Page of

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



To Disclosure and Beyond

(p.65) 4 Discovery
The Civil Procedure Rules at 20

Peter Coulson

Oxford University Press

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

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .