full disclosure

Anon5555 · 10-12-2019 09:46AM #1

Hi All-this is a bit of a academic question that I cant find the answer to.

If someone is suing the government (Im not, don't worry-wouldn't have the money or the time!) do they have to submit all relevant documents at the start of the case to show that they have a case to the defending side? Some friends and I were discussing this about someone we know and google isn't helping me? even if I could be just pointed to a link that would answer that would be perfect.

Thanks All

randomrb · 10-12-2019 02:49PM

No you can bring any case and don't need to back up your claims at the beginning.

However once a defence has been lodged the other side can request discovery of the documents behind the claim and you are obliged to provide them with any reasonable requests.

If discovery shows there is no basis to the claim they can apply to have the matter struck out and possible try and have their expenses paid due to the frivolous nature

NUTLEY BOY · 11-12-2019 12:29PM

See it this way - the onus of proof lies on the plaintiff.
For a civil action the standard of proof is the balance of probabilities i.e something is at least 51% more likely than not.
Fail to reach the required standard of proof at hearing and the plaintiff might end up having their case struck out without the defence even having to open their case.

UrbanFox · 11-12-2019 04:13PM

In relation to discovery do not forget that not everything is actually discoverable as you will see from discovery applications that are wholly or partly fishing expeditions.

full disclosure

Comments