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Disclosure of information

Disclosure of information

Postby raydona » Sun Sep 10, 2017 1:18 am

Hello, Person A loses a case brought by Person B in a civil court. Person A subsequently discovers that Person B has not disclosed certain bits of information that might have affected the final outcome. Can Person A challenge the court's final decision. Thanking you for your help.
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Re: Disclosure of information

Postby atticus » Sun Sep 10, 2017 8:48 am

This is difficult to answer on that information.

Was there a failure to disclose documents that were in the other party's possession, and which should have been disclosed applying the test of standard disclosure?

Or what is the manner in which the other party has the information?

How did you discover that the information was held but not disclosed? Could you have made that enquiry before the trial?

There could well be further questions.
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Re: Disclosure of information

Postby dls » Sun Sep 10, 2017 2:07 pm

The answer is 'Yes, sometimes' The circumstances make a big difference.
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Re: Disclosure of information

Postby atticus » Sun Sep 10, 2017 3:32 pm

Is it still this question? Or has lightning struck twice?
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Re: Disclosure of information

Postby raydona » Tue Sep 12, 2017 12:30 am

Hello, Thank you for your replies. The situation is this. Another person, known to both Person A and Person B, passed documents to Person A. Peson A believes the contents of these documents should have been disclosed by Person B before the hearing. Can Person A challenge the court's decision based on this?
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Re: Disclosure of information

Postby atticus » Tue Sep 12, 2017 5:23 am

Perhaps.

A lot depends on the significance of the documents.
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