inspection of the deed of assignment,case law please

[miliitant]

it seems my external hard drive has crashed and i would be obliged to an answer on this question

when a claim is issued, the defendant can demand to see the DEED OF ASSIGNMENT and not just the notice of assignmenT

their is CASE LAW that stipulates the AUTHORITY on inspection

any takers

[miliitant]

Re: inspection of the deed of assignment,case law please

(Van Lynn Developments v Pelias Construction Co Ltd 1968 [3] All ER 824).

got it

[mystery1]

Re: inspection of the deed of assignment,case law please

http://www.bailii.org/ew/cases/EWCA/Civ/2008/59.html

24. The second matter is that, subject to my first comment, the expression "mentioned" is as general as could be. This is not to my mind intended to be a difficult test. The document in question does not have to be relied on, or referred to in any particular way or for any particular purpose, in order to be mentioned. Subject to Mr Lightman's second point, that the mention of a document within CPR 31.14 amounts to automatic and absolute waiver of privilege in it, which if correct would give to that rule a most important effect, I do not see why there should be need for a strict approach to a request for inspection of a specific document mentioned in one of the qualifying documents. The general ethos of the CPR is for a more cards on the table approach to litigation. If a party thinks it worthwhile to mention a document in his pleadings, witness statements or affidavits, I do not see why, subject as I say to the question of privilege, the court should put difficulties in the way of inspection. I look upon the mention of a document in pleadings etc as a form of disclosure. The document in question has not been disclosed by list, or at any rate not yet, but it has been disclosed by mention in what, for the purposes of litigation, is another important and formal category of documents. If so, then the party deploying that document by its mention should in principle be prepared to be required to permit its inspection, and the other party should be entitled to its inspection. What in such circumstances is the virtue of coyness?

M1

[miliitant]

Re: inspection of the deed of assignment,case law please

MANY THANKS MYSTERY1

case law

just what the doctor ordered