Podcast Location:
Download it here [file size: 20.5 MB]
Categories:
Civil Procedure
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This course provides an examination of the major pitfalls in the rules regarding disclosure. It sets out the continuing duty of disclosure and summarises the key cases and legislation and their impact on the law. It also offers practical advice on how to keep clients abreast of their obligations and reach swift resolutions of disclosure issues.

Outcomes:
After completing the course you will:
  • Understand the application of disclosure rules to electronic and 'meta-data';
  • Have learned the special procedures relevant to privileged, confidential and incriminating documents;
  • Be aware of the requirements in 'standard disclosure' and how they have changed;
  • Know where pre-action disclosure is and is not required;
  • Be aware of the potential consequences for failing to preserve relevant documents;
  • Understand what a client's continuing disclosure obligations are, and when they expire.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Legal Principles
Practical Guide
Sources and References:
  • Compagnie Financiere et Commerciale du Pacifique v Peruvian Guano Co (1882) 11 QBD 55 (CA);
  • Nichia Corp v Argos Ltd [2007] FSR 38 (CA);
  • Vernon v Bosley (No. 2) [1999] QB 18 (CA);
  • s.14, Civil Evidence Act 1968;
  • Kensington International Ltd. v Republic of Congo [2007] 2 Lloyds. Rep. 382 (CC);
  • s.13, Fraud Act 2006;
  • s.31 Theft Act 1968;
  • C Plc v P [2008] Ch 1 (CA);
  • GE Capital Corporate Finance Group v Bankers Trust Co [1995] 1 WLR 172 (CA);
  • National Westminster Bank Plc v Rabobank Nederlands - [2006] EWHC 2332 (Comm);
  • Atos Consulting v Avis Plc - [2008] Bus. L.R. D20 (TCC);
  • Science Research Council v Nasse [1980] AC 1028 (HL);
  • Tullett Prebon Group Ltd v Davis [2007] EWHC 2739;
  • Crest Homes Plc v Marks [1987] AC 829 (HL);
  • Miller v Scorey [1996] 1 WLR 1122 (Ch);
  • Lilly ICOS Ltd v Pfizer Ltd (No.2) [2002] 1 WLR 2253 (CA);
  • Also Civil Procedure Rule 31 and the relevant practice directions.

In this podcast, Julian Gun Cuninghame, a commercial and property litigation specialist at Gough Square chambers, explores the dense and complex rules surrounding disclosure in civil litigation. As well as explaining the requirements of standard disclosure and the impact of the relevant case law, this podcast also examines the changes made by the 'Overriding Objective' and the potential consequences for solicitors who engage in tactical 'sharp practice', as well as giving practical advice on how clients can be guided through their continuing disclosure obligations.

Podcast Added: 18/11/2008

Podcast last reviewed: 2011-06-27

Start this CPDcast Activity

© CPDcast.com