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Litigation Letter

Disclosure

Martin v Triggs Turner Barton (a firm) and others Ch D TLR 5 February

Paragraph 5.4 of the practice direction to CPR Part 31 requires the court to take into account all the circumstances of the case and, in particular, the overriding objective to do justice set out in Part 1 when deciding whether or not to make an order for specific disclosure. The court was entitled to make an order to ensure that specific disclosure was carried out properly and the efforts of the deputy master to find a pragmatic solution was an appropriate exercise of his discretionary case management powers in determining a request for specific disclosure and an appeal against his order was dismissed.

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