Litigation, Civil Procedure, Discovery of Documents Essay

Litigation, Civil Procedure, Discoery of Documents - Essay ExampleThe client bon ton, over the last decade, has obtained reports and studies which confirm that there is a link between the toxic fumes and the increasing set up of asthma in the local residence. The problem concerns to devise a scheme so these reports and documents may not be not available to the plaintiff. STRATEGY As evident from the above problem, the main concern of the high society is that these reports and documents should not be available to the plaintiff for proving the allegation against the company. This can be done by adopting the strategy of Retention of the Documents and by the privilege. The case of Rolah Ann McCabe v British American Tobacco Australia can serve as a guideline to adopt these strategies as the said case demonstrated successfully that through these strategies documents mischievous to the company mighty be retained (destroyed) or declared privileged so the plaintiff or the court may not require these documents to exhibit for inspection, to avoid any legal ruling. These policies are discussed down the stairs separately to view their implications and results. Let us begin with examining the case of McCabe v. BATAS in brief and the strategies adopted. Rolah Ann McCabe v British American Tobacco Australia The fifty-one year old plaintiff had lung cancer which she alleged had been caused by green goddess the defendants cigarettes over approximately four decades. She sued the defendant for damages arising from the defendants inattention related to the marketing and sale of their cigarettes. The trial judge ordered that the defence of the defendant tobacco company be struck out and that judgment be entered for the plaintiff. He criticized the defendant for its failure to comply with stripping orders that had been made during the proceeding. BAT was unable to comply with this court order to produce documents because it had over a geological period of years prior to Mr s. McCabess action destroyed large quantities of documents.