Favor Easy Management Ltd & Anor v Wu & Anor
Medical records relating solely to Ms Wu's credibility as a witness are not disclosable under CPR 31.6 as part of standard disclosure; reference to such documents in cross-examination does not trigger a disclosure obligation unless relied upon substantively.
- Parties
- Appellant: Favor Easy Management Limited; Appellant: Mr Lee; Respondent: Ms Wu; Respondent: Favor Easy Management Limited (BVI)
- Jurisdiction
- England and Wales
- Judgment Date
- 23 November 2010
- Procedural Posture
- Civil Appeal / Judgment on Appeal
- Outcome
- appeal dismissed
- Legal Topics
- Disclosure, Standard Disclosure, Specific Disclosure, Credibility of Witnesses
Case Brief
Summary, issues, holding and outcome
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Parties
Favor Easy Management Limited
Appellant
Mr Lee
Appellant
Ms Wu
Respondent
Favor Easy Management Limited (BVI)
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal
Legal Issues
- 1 Whether medical records relating to Ms Wu's alleged pregnancy are disclosable under CPR 31.6 as part of standard disclosure
- 2 Whether such documents go solely to credibility and not to substantive issues
- 3 Whether reference to a document in cross-examination triggers disclosure obligations
Ratio Decidendi
Medical records relating solely to Ms Wu's credibility as a witness are not disclosable under CPR 31.6 as part of standard disclosure; reference to such documents in cross-examination does not trigger a disclosure obligation unless relied upon substantively.
Court Disposition
appeal dismissed
Orders
- Appeal dismissed. No order for disclosure of medical records.
Full Case Text
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