The Frontiers of Discovery28 Mar 2013
Received wisdom may be that discovery is a stage in litigation which is only reached after pleadings have closed and which requires the parties to that litigation to list the relevant documents that are or were within their custody, power or possession and then to allow other parties to inspect those documents.
Litigation Partner, David Cadin, and Associate, Dina El-Gazzar, have now consigned that view to history. Discovery can occur at any stage in proceedings and even non-parties can be required to disclose documents on behalf of recalcitrant defendants.
To read our Briefing, please see below.