What does Inspection mean? In litigation, inspection is the step after disclosure or discovery that lets the opposing party see and take copies of documents that have been disclosed. It covers hard‑copy and electronic documents (including ESI) and is usually satisfied by providing copies or access within a reasonable time and, where appropriate, in a usable electronic format. The right to inspect is subject to recognised exemptions, including legal professional privilege (advice and litigation privilege), without‑prejudice material, public interest immunity, confidentiality (often managed by redaction or confidentiality rings), irrelevance and proportionality. A party withholding inspection must state the grounds; unjustified refusal risks court orders,...
Read More
We write regarding your [ Disclosure LiST ], in which you clearly state that you are entitled to refuse Inspection of a number of pertinent documents on the basis of legal professional privilege.
In light of the limited information you have provided, our client is not wholly persuaded that these documents are covered by legal professional privilege.
Accordingly, please confirm that you will allow inspection of these documents [ in accordance with the Court’s directions OR in accordance with the CPR OR within [ number of ] days OR . Alternatively, insofar as your client continues to maintain privilege, please provide the following information within [ number of ] days:
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...