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Copies of documentary evidence

June 2008

Hampshire County Council has commented that the Winchester judgment does not specify what constitutes a “copy” for exemption purposes. Tracings? Extracts? Quotes? We think that commonsense must prevail, and that the best practicable means of producing a likeness of the original is what is required. If a document is lengthy, all relevant passages must be copied and the original must be made available. The judgment deals with cases where copying is impossible. The bottom line is – if a document was challenged legally as not being a copy, would a court allow the challenge in the particular circumstances?