Hired Guns and Smoking Guns: McCabe v British American Tobacco Australia Ltd

30 Pages Posted: 23 Sep 2015

See all articles by Camille Cameron

Camille Cameron

Dalhousie University - Schulich School of Law; University of Windsor - Faculty of Law

Date Written: September 17, 2015

Abstract

Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers on their Australian counterparts - nature of the relationship between the defendant and its corporate legal advisors - national and international reactions to and ramifications of the decision.

Keywords: Discovery, Legal Ethics, Records Management, Tobacco Litigation, Public Health

JEL Classification: K00, K32, K40, K41

Suggested Citation

Cameron, Camille, Hired Guns and Smoking Guns: McCabe v British American Tobacco Australia Ltd (September 17, 2015). University of New South Wales Law Journal, Vol. 25, No. 3, 2002, Available at SSRN: https://ssrn.com/abstract=2662147

Camille Cameron (Contact Author)

Dalhousie University - Schulich School of Law ( email )

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6061 University Ave
Halifax, Nova Scotia B3H 4H9
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University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

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