The discovery of documents in Hong Kong: two recent decisions in the court of first instance

Abstract

The discovery process in civil litigation, whereby the parties are able to see and take copies of each other’s documents, is a crucial stage in the journey towards the trial or the settlement of a dispute. Yet, despite the fact that discovered documents often form the core of the parties’ evidence, upon which subsequent witness statements and experts’ reports may be based, the process itself often is relegated to a secondary status. Sifting through reams of fi les is, it seems, not as 'glamorous' as conducting interviews or cross-examinations. Nevertheless, as two recent decisions in the CFI demonstrate, the intricacies of discovery can determine the fate of one’s client’s case.