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Proposal 29
The court should be expected to exercise its case management powers with a view to
tailoring an appropriate discovery regime for the case at hand. It should have a residual
discretion both to direct what discovery is required - to narrow or widen the scope of
discovery required, to include, if necessary and proportionate, full Peruvian Guano style
discovery - and in what way discovery is to be given.
Recommendation 80
Proposal
29 (for the case management of discovery by the courts) should be adopted, but
with Peruvian Guano principles as the primary measure of discovery, taken as the starting-
point for such case management.
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