605Discoverable documents

605 Discoverable documents (1) A document that is, or has at any time been, in the possession of a party to a proceeding is discoverable by the party if it— (a) relates, directly or indirectly, to a matter in issue in the (b) is mentioned, expressly or by necessary implication, in a pleading or notice filed in the proceeding. (2) However, a document is not discoverable by a party if it— (a) is filed in court in the proceeding; or (b) relates only to 1 or more items of special damage, unless another party to the proceeding asks for the document to be discovered; or (c) is mentioned in a pleading or notice filed in the proceeding by another party, unless it is discoverable on another ground; or (d) is a written communication in relation to the proceeding between a solicitor for the party requiring disclosure and a solicitor for the disclosing party; or

Rule 605 (e) is the party’s brief to the party’s counsel; or (f) is an advice to the party from the party’s counsel. (3) Also, a document is not discoverable by a party to a proceeding if the document is— (a) a written confidential communication in relation to the proceeding, created after the commencement of the proceeding, between— (i) the party and a legal practitioner for the party; or (ii) 2 or more legal practitioners for the party; or (b) a note of an oral confidential communication in relation to the proceeding, created after the commencement of the proceeding (made in person or by telephone) between— (i) the party and a legal practitioner for the party; or (ii) 2 or more legal practitioners for the party. (4) This rule applies unless the court otherwise orders. (5) For this rule, a matter is in issue until it is— (a) admitted or taken to be admitted; or (b) withdrawn, struck out or otherwise disposed of. confidential communication—see the Evidence Act, section 117. confidential document—see the Evidence Act, section 117.

Rule 606