MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
5.4 Alternatives to Discovery Mechanisms
by way of affidavits and submissions to be heard. A party may request that a motion is dealt with on an urgent basis and it will be within the dis- cretion of the judge whether to accede to such request.
Each party that intends to rely on documents in support of its claim or defence must communi- cate those documents to the other parties prior to the trial at the stage of exchanges of plead- ings. Each document then has to be produced by witnesses called by the party in court. 5.5 Legal Privilege Both legal advice privilege and litigation privi- lege are recognised in Mauritian law and, with regard to the standing of an in-house counsel under the Law Practitioners Act, the privilege may be restricted to advice provided to coun- sel’s employer. There are not many cases which have consid- ered all the nuances surrounding legal profes- sional privilege. It is likely that Mauritian courts may opt to follow the principles set out in English case law. 5.6 Rules Disallowing Disclosure of a Document Disclosure may be refused as an exception to the general rule, where a matter is protected by a statute as confidential or an official secret. Disclosure may still be made in circumstances made permissible by the statute or by order of the judge. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief A judge of the Supreme Court has broad power to issue injunctions, subject to the power of the Supreme Court to vary or discharge that order. The judge may issue a number of types of injunc- tions including prohibitory injunctions, manda- tory injunctions, Mareva injunctions, Anton Piller
5. Discovery 5.1 Discovery and Civil Cases
A party to a case may apply for particulars of a plaint or defence, and to inspect documents the other party intends to rely on in the case. In addition, in any cause or matter, the court may, on the application of either party or on its own motion, inspect a movable or immovable Some reported judgments have ordered a Nor- wich Pharmacal order against a non-party where: • a wrong has been carried out, or arguably carried out, by an ultimate wrongdoer; • there is a need for an order to enable an action to be brought against the ultimate wrongdoer; and • the person against whom the order is sought must: (a) be mixed up in the matter so as to have facilitated the wrongdoing; and (b) likely be able to provide the information necessary to enable the wrongdoer to be sued. property or make a visit to the locus. 5.2 Discovery and Third Parties
5.3 Discovery in This Jurisdiction See 5.1 Discovery and Civil Cases .
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