“This might give the undiscerning reader the impression that such devices and documents are immune from the “reasonable and proportionate search” which the Disclosure Statement relates to. It does not. Indeed, the very recital (the detail of which may surprise some who think of Her Majesty’s Judges as rather above “PDA devices” etc) is supposed to make the certifier (who is of course the client not the lawyer) think hard as to whether he or the company on whose behalf he is signing has any such devices. “
This is an extract from an article called The Sources of Disclosure Documents on my web site at www.chrisdalelawyersupport.co.uk
The article suggests that the wording of the model form of Disclosure Statement appended to the Practice Direction to Part 31 CPR may unwittingly imply a lower duty than in fact exists.
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