--(1) This Part sets out rules about the disclosure and inspection of documents.
--(2) In this Part "documents" means anything on or in which information of any description is recorded; and
--"copy" in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.
--(3) A party "discloses" a document by revealing that the document exists or has existed.
--(4) For the purposes of this Part a document is "directly relevant"-
----(a) the party with control of the document intends to rely on it;
----(b) it tends to adversely affect that party's case; or
----(c) it tends to support another party's case,
but the rule of law known as "the rule in Peruvian Guano" does not apply.
Notes
The rule in Peruvian Guano is that all documents which are or may be relevant to matters at issue in proceedings are discoverable. See Compagnie Financière et Commerciale du Pacifique v Peruvian Guano Co (1882) 11 QBD 55 per the Hon. Lord Justice Brett at page 63.
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