
Ancillary Discovery
David O'Neill(Author)
Bloomsbury Professional (Publisher)
Will be published approx. on 30. November 2009
Book
Hardback
300 pages
978-1-84766-485-3 (ISBN)
Description
This title deals with disclosure of information outside the Rules of Court, for example, as an independent action, in aid of tracing remedies, in aid of Mareva injunctions or Anton Piller orders, or, in the Republic of Ireland, the Personal Injuries Assessment Board Act. This book deals with ancillary discovery in Ireland (North and South), England and Wales. There has been major reform of civil procedure in the relevant jurisdictions in the last 10 years. In England and Wales, and in personal injuries actions in Ireland, there has effectively been abandonment of the writ system of pleading, meaning that parties are required to furnish much more detail in their originating document. In England and Wales, and in Northern Ireland, potential for the action for discovery has been greatly expanded by the decision of the House of Lords in Ashworth v MGN. The last 10 years have also seen the incorporation of the European Convention on Human Rights in all parts of Ireland and Britain, which has had impacts on the right of access to journalists' sources, and on the illegal obtaining of evidence.
Contents: 1 Introduction; 2 Historical Background to the Action for Discovery; 3 Modern Revival of the Action in Ireland and England; 4 Time for and Manner of Seeking Substantive Discovery; 5 Involvement Sufficient to Oust the 'Mere Witness' Rule; 6 Newspapers, Printers and Reading Rooms Repeal Act; 7 Discovery of Evidence other than Parties' Identities; 8 Action for Discovery in aid of Particular Remedies; 9 The Court's Discretion and Factors Affecting its Exercise; 10 The Action for Discovery and Journalists; 11 Privacy and Data Protection; 12 Methods of Giving Effect to Discovery by Action; 13 Costs of an Action for Discovery; 14 Tracing, Following and the Enforcement of Trusts; 15 Anton Piller Orders; 16 Mareva Injunctions and Disclosure in Aid; 17 Ne exeat and Execution Orders; 18 Statutory Discovery Before Action and from N
Contents: 1 Introduction; 2 Historical Background to the Action for Discovery; 3 Modern Revival of the Action in Ireland and England; 4 Time for and Manner of Seeking Substantive Discovery; 5 Involvement Sufficient to Oust the 'Mere Witness' Rule; 6 Newspapers, Printers and Reading Rooms Repeal Act; 7 Discovery of Evidence other than Parties' Identities; 8 Action for Discovery in aid of Particular Remedies; 9 The Court's Discretion and Factors Affecting its Exercise; 10 The Action for Discovery and Journalists; 11 Privacy and Data Protection; 12 Methods of Giving Effect to Discovery by Action; 13 Costs of an Action for Discovery; 14 Tracing, Following and the Enforcement of Trusts; 15 Anton Piller Orders; 16 Mareva Injunctions and Disclosure in Aid; 17 Ne exeat and Execution Orders; 18 Statutory Discovery Before Action and from N
More details
Language
English
Place of publication
London
United Kingdom
Publishing group
Bloomsbury Publishing PLC
Target group
Professional and scholarly
Product notice
Laminated cover
Dimensions
Height: 247 mm
Width: 168 mm
Thickness: 16 mm
Weight
482 gr
ISBN-13
978-1-84766-485-3 (9781847664853)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
David O'Neill BCL BL has been at the Bar since 1994.
Content
Chp 1: Introduction
Chp 2: Historical Background to the Action for Discovery
Chp 3: Modern Revival of the Action in Ireland and England
Chp 4: Time for and Manner of Seeking Substantive Discovery
Chp 5: Involvement Sufficient to Oust the 'Mere Witness' Rule
Chp 6: Newspapers, Printers and Reading Rooms Repeal Act
Chp 7: Discovery of Evidence other than Parties' Identities
Chp 8: Action for Discovery in aid of Particular Remedies
Chp 9: The Court's Discretion and Factors Affecting its Exercise
Chp 10: The Action for Discovery and Journalists
Chp 11: Privacy and Data Protection
Chp 12: Methods of Giving Effect to Discovery by Action
Chp 13: Costs of an Action for Discovery
Chp 14: Tracing, Following and the Enforcement of Trusts
Chp 15: Anton Piller Orders
Chp 16: Mareva Injunctions and Disclosure in Aid
Chp 17: Ne exeat and Execution Orders
Chp 18: Statutory Discovery Before Action and from Non-Parties
Chp 19: Implied Undertaking on Discovery
Chp 20: Objections to Discovery
Chp 2: Historical Background to the Action for Discovery
Chp 3: Modern Revival of the Action in Ireland and England
Chp 4: Time for and Manner of Seeking Substantive Discovery
Chp 5: Involvement Sufficient to Oust the 'Mere Witness' Rule
Chp 6: Newspapers, Printers and Reading Rooms Repeal Act
Chp 7: Discovery of Evidence other than Parties' Identities
Chp 8: Action for Discovery in aid of Particular Remedies
Chp 9: The Court's Discretion and Factors Affecting its Exercise
Chp 10: The Action for Discovery and Journalists
Chp 11: Privacy and Data Protection
Chp 12: Methods of Giving Effect to Discovery by Action
Chp 13: Costs of an Action for Discovery
Chp 14: Tracing, Following and the Enforcement of Trusts
Chp 15: Anton Piller Orders
Chp 16: Mareva Injunctions and Disclosure in Aid
Chp 17: Ne exeat and Execution Orders
Chp 18: Statutory Discovery Before Action and from Non-Parties
Chp 19: Implied Undertaking on Discovery
Chp 20: Objections to Discovery