Disclosure

The 2nd supplement incorporates the major developments in the law of disclosure including: • The new practice direction 31D in relation to Electronic Disclosure (in effect for proceedings started on or after 1.10.2010) • The Supreme Court decision on without prejudice privilege in Oceanbulk v. TMT [2010] UKSC 44 which recognises exceptions to the rule • The Court of Appeal decision on legal advice from non-legal professionals in R (Prudential) v. Special Commissioner of Income Tax [2010] EWCA Civ 1094 which decided advice from a tax accountant is not privileged • The duty of candour and disclosure in judicial review proceedings by public bodies considered in R (on the application of Al Sweady) v. Secretary of State for Defence [2009] EWHC 2387 (Admin) and the January 2010 Guidance on Discharging the Duty of Candour and Disclosure in Judicial Review Proceedings issued by the Treasury Solicitor’s Department • Various decisions on pre-action (CPR r.31.16) and non-party disclosure (CPR r.31.17)