What is the current state of the law in England and Wales on discovery by interrogatories and discovery of documents?

British Columbia, Canada


The following excerpt is from Steeves v. Rapanos, 1982 CanLII 727 (BC SC):

Discovery by interrogatories and discovery of documents were firmly established as part of the English Rules of Procedure with the passage of the various Judicature Acts in the early 1870s. Eventually, they became part of the United Kingdom Rules of Supreme Court (1883). But England did not ever allow, nor does it now allow, oral examination for discovery of the parties under oath. Nor is there such a thing as a pre-trial examination of a witness similar to our R. 28: Waugh v. Br. Rys. Bd., supra, at p. 1176: … a party in civil litigation is not entitled to see the adversary's proofs of what his witnesses will say at the trial; there has been no suggestion that he should be so entitled, and any such development would require the most careful consideration based on widespread consultation.

Other Questions


Can a party decline to attend for discovery if there has not been complete discovery of documents by both parties? (British Columbia, Canada)
What is the current state of the law with respect to the integrity of transfer documents? (British Columbia, Canada)
What is the current state of the law with respect to the scope and scope of a document request? (British Columbia, Canada)
What is the current state of the law on disclosure of documents in the context of the Bylaw? (British Columbia, Canada)
What is the current state of the law in the United States in relation to disclosure to the Canadian authorities regarding Charter of Rights and Freedoms? (British Columbia, Canada)
What is the current state of the law on disclosure of privileged documents? (British Columbia, Canada)
What is the current state of the law in relation to the production of relevant documents? (British Columbia, Canada)
What is the current state of the law on the execution of a sealed document? (British Columbia, Canada)
What is the current state of the law on an implied undertaking of confidentiality in discovery evidence? (British Columbia, Canada)
What is the current state of the law in Canada for non-Canadian citizens who are not citizens of the United States? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.