Das englische Disclosure-Verfahren

In English civil proceedings, the parties have extensive rights of access to information within the framework of the disclosure procedure. In contrast, the introduction of procedural disclosure obligations in German civil procedure is predominantly rejected. Verena Brandt compares the possibilities of access to information and evidence in English and German civil procedure and examines to what extent German law provides mechanisms that are functionally comparable to the disclosure procedure. She examines whether the German solution to the problem of information without fault has deficits and to what extent the basic idea of the English disclosure procedure can be made usable. In doing so, the focus is on working out the area of tension between party rule on the one hand and the search for truth on the other.