Inspection of documents

Expandable Ltd and another v Rubin CA [2008] All ER (D) 148 (Feb); NLJ 29 February; TLR 10 March

Civil Procedure Rule 31.14 (1) provides that a party may inspect a document mentioned in: (a) a statement of case; (b) the witness statements; (c) a witness summary; or (d) an affidavit. The respondent to the appeal had stated in his witness statement ‘he wrote to me enclosing a copy of his note of the meeting and drawing my attention to the discrepancies’. The appellant companies appealed against the judge’s decision that the document had not been mentioned in the witness statement for the purposes of CPR 31.19. It also appealed against the judge’s decision that, even if the document had been mentioned, there had been no waiver of privilege.