Goldman case judgment highlights continuing costs issues

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  • These comments regarding disclosure are not particularly helpful or insightful. Disclosure is not simply a means of finding a "smoking gun". In a matter that is fact heavy, documents serve a number of purposes, such as verifying witness recollection and filling gaps where witnesses may no longer be available. Moreover, a lawyer reviewing the documents will get an improved understanding of the factual background to the case which will assist with the understanding and presentation of the case. To suggest that the only value and product of this exercise is the core bundle is quite simply wrong.

    Disclosure can and should be carried out in a sensible and proportionate manner that limits the costs, however, it seems that commentators are focusing on vilifying this procedural step as expensive and a waste of time rather than how to maximise its value to everyone involved.

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