... to the court. Another example of a case being declared per incuriam is the case of Rakhit v Carthy (1990) on the bases that the previous court misinterpreted s. 67(3) of the Rent Act 1977. Therefore, if counsel wants to put forward a successful argument of a case being per incuriam, he has to establish that the courts have made an inconsistent decision, and that if it had not been for this inconsistency the outcome of the case would have been different. 2. During litigation, there is a process known as disclosure. This process is whereby all the parties in a case disclose to each other all the documents in their possession and all the documents which they wish to rely upon during the trial. All the parties have to disclose all the documents whether such documents assist them. However, they do not have to disclose privileged documents. This process ...

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