Where a party to proceedings gives his list of documents supported by his oath, discovery is conclusive, Cotton LJ said that: ‘unless the court can be satisfied – not on a conflict of affidavits, but either from the documents produced or from anything in the affidavit made by the defendant, or by any admission by him in the pleadings, or necessarily from the circumstances of the case – that the affidavit does not truly state that which it ought to state.’
Judges:
Cotton LJ
Citations:
(1888) 58 LT 601
Jurisdiction:
England and Wales
Cited by:
Cited – GE Capital Corporate Finance Group v Bankers Trust Co and Others CA 3-Aug-1994
Irrelevant parts of documents required to be disclosed may be blanked out on discovery by the party giving discovery. Hoffmann LJ: ‘It has long been the practice that a party is entitled to seal up or cover up parts of a document which he claims to . .
Cited – Paddick v Associated Newspapers Ltd QBD 10-Dec-2003
The defendant sought disclosure of full statements used by the claimant . Extracts only had been supplied, and he said they contained private and confidential material.
Held: The application failed. The claimant had stated that the balance of . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice
Updated: 05 November 2022; Ref: scu.211365