chapter  29
2 Pages

DISCLOSURE OF DOCUMENTS

There has been a long tradition in our jurisdiction of an extensive obligation to disclose relevant documents in the course of proceedings. This includes disclosing documents which would not only be evidence of an issue in the action, but also those ‘which, it is reasonable to suppose, contain information which may, either directly or indirectly, lead the party seeking disclosure to a train of enquiry which enables him to advance his own case or to damage that of his adversary’.1 Moreover, a distinctive feature of our common law system, in comparison to that on the continent for instance, is an obligation to disclose documents damaging to one’s own case.