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NEW RULES FOR DISCLOSURE OF EVIDENCE IN ENGLISH COURTS: A CHANGE FOR THE BETTER?

NEW RULES FOR DISCLOSURE OF EVIDENCE IN ENGLISH COURTS:

A CHANGE FOR THE BETTER?

A.A. SELKOVA,

Lecturer of the Department of Civil Procedure

at the Ural State Law University

DOI: 10.24031/2226-0781-2019-9-3-170-177

The author examines the reform of the procedure for the presentation and disclosure of

evidence in English courts, which radically changes the previous procedure. The author

reveals in detail all aspects of evidence procedure affected by the reform. Particular

attention is paid to the consideration of new procedural models of disclosure of evidence.

The author analyzes the features of each model, its specificity. In addition, the author

considers other innovations that have affected the process of proof in connection with the

reform. Separately, the author points out the advantages and disadvantages of the new

rules. Also, the author assesses the prospects for further development of the reforms, their

impact on the procedural status of the court and participants in the proceedings. The author

makes a detailed review of the changes that will occur at all stages of the procedure for the

presentation and disclosure of evidentiary information, including the use of automated

information processing technologies and the filling of new procedural documents. In

addition to this, the author analyzes the reasons that prompted to abandon the previously

used standard model of disclosing evidence. The author comes to the conclusion that the

standard model has ceased to correspond to modern realities and can no longer be used in

the conditions of active electronic document flow and a significant array of digital data. In

turn, the reform proposes a modernized procedure for disclosing evidence that is suitable

for use in modern conditions.

Keywords: procedural models of evidence; disclosure of evidence; subject of proof; electronic

documents.

References

Jackson R. Review of Civil Litigation Costs: Final Report. URL: http://associationoflitigationfunders.

com/wp-content/uploads/2014/02/Jacksonfinalreport140110.pdf.

Jain I. Codification and Reform of the Law of Evidence in the United Kingdom.

Statute Law Review, 2017, vol. 38, no. 2.

Lewis T., Poitevin M. Disclosure of Information in Regulatory Proceedings. Journal

of Law, Economics, and Organization, 1997, vol. 13, no. 1.

Nance D.A. Belief Functions and Burdens of Proof. Law, Probability and Risk, 2019,

vol. 18, no. 1.

Redmayne M. The Structure of Evidence Law. Oxford Journal of Legal Studies, 2006,

vol. 26, no. 4.

Woolf H. Civil Justice in the United Kingdom. American Journal of Comparative

Law, 1997, vol. 45, no. 4.

Information about the author

Selkova A.A. (Yekaterinburg, Russia) – Lecturer of the Department of Civil Procedure

at the Ural State Law University (21 Komsomolskaya St., Yekaterinburg, 620137,

Russia; e-mail: [email protected]).

Recommended citation

Selkova A.A. New Rules for Disclosure of Evidence in English Courts: A Change

for the Better? Herald of Civil Procedure, 2019, vol. 9, no. 3, p. 170–177. (In Russian).

https://doi.org/10.24031/2226-0781-2019-9-3-170-177

A.A. SELKOVA