PPC1 Litigation study materials
PPC1 Litigation study resources

PPC1 Litigation: Disclosure, Evidence, and Witnesses

PPC1 Litigation · Work through your exam, one topic at a time.

All guide sections

Disclosure, Evidence, and Witnesses

What the exam tests

Disclosure, Evidence and Witnesses tests the scope of disclosure, privilege, witness statements, expert evidence and the burden of proof at trial.

Core rules

  • Disclosure covers documents in a party’s possession, custody or power that are relevant and material, including adverse documents. The duty continues until trial.
  • Legal professional privilege protects confidential communications for legal advice and litigation. Without prejudice communications are inadmissible on liability but may be used on costs. The privilege against self-incrimination is available to natural persons, though its scope for corporate entities is limited.
  • Witness statements usually stand as evidence-in-chief; late statements need permission. Experts must be independent and their evidence is admitted only with permission; the duty is to the court, not the instructing party.
  • Hearsay is generally inadmissible unless a statutory exception applies, so check the applicable evidence statute rather than assuming admissibility. The burden is on the party asserting a fact; the standard is the balance of probabilities.
  • The court may draw an adverse inference from withholding a relevant document or failing to call a witness.

Worked example

In a construction dispute, the defendant refuses to disclose board minutes recording a decision to delay payment. It claims privilege. The court inspects the minutes. If the dominant purpose was legal advice, privilege may apply; if the minutes record ordinary commercial discussion, it does not. Refusal to disclose can lead to an adverse inference and an unless order.

Traps

Withholding adverse documents; claiming privilege without evidence; serving a late witness statement without permission; treating an expert as an advocate; assuming hearsay is always admissible.