Chapter

Proportionality and Suitability of the Disclosure Regime under the CPR

Hodge M Malek

in The Civil Procedure Rules Ten Years On

Published in print December 2009 | ISBN: 9780199576883
Published online March 2012 | e-ISBN: 9780191702228 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199576883.003.0014
Proportionality and Suitability of the Disclosure Regime under the CPR

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This chapter suggests that the Civil Procedure Rules' disclosure regime has now been in place for so long that it can now be assessed on its own merits. Disclosure is one of the key features of common law legal systems. It may help in the resolution of disputes by ensuring that the parties and the court have the information to get to the truth of a matter. It also has the potential of deterring parties from taking their case to court through the sheer inconvenience and expense of the process. Whatever disclosure regime employed, there is always going to be a trade off between getting as much information to assist in achieving justice between the parties and having a system which is cost-effective and accessible.

Keywords: Civil Procedure Rules; disclosure regime; disclosure; legal systems; justice

Chapter.  4437 words. 

Subjects: Constitutional and Administrative Law

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