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One key point of course is that in civil proceedings in England and Wales the parties' disclosure obligations under standard disclosure extend not just to documents which assist their own case but also to any documents which assist their opponent's case or adversely affect one's own.

Putting surveillance to one side, I can imagine short thrift attempting to plea in aid the manner in which a particular document has come to reach my opponent if I have roundly breached my own disclosure obligations (and in so doing likely committed a contempt of court) by withholding it from them in the first place.