11. Disclosure and Inspections Flashcards
What does disclosure mean?
Clearly identify and inform the other side of the existence of a document
For how long does the duty to disclose run and when does it terminate?
Continues through the whole case and concludes when the case is over
What types of documents must be disclosed?
Documents on which you will rely and documents which are adverse to the case
What is the requirement for relevance in disclosure?
A party need disclose only documents which are relevant to the issues in question
How far does the obligation to disclose go? Does a party need to have possession?
A party’s obligation to disclose extends to any document within the party’s control
What must a solicitor do if the client makes it clear they will not comply with the disclosure requirements?
Cease to act
What is the obligation when a document is unavailable or has been destroyed?
Notify the court and other party of its existence, and provide reasons
Can the court draw an adverse inference when a party fails to provide a relevant document?
Yes
What three criteria, one of which is enough, will determine if a party has control of a document?
- Physical possession
- Right to take possession, inspect or take copies, or
- Had the document in their possession but no longer
What is standard that the court will expect a search for documents to meet?
The search must be reasonable and proportionate, depending on the nature of the case, its value, and its importance
On what tracks is each party requires to file and serve a disclosure list?
Fast track and personal injury in the multi-track
What are the three sections of the disclosure list?
- Documents a party controls that they do not object to the other party inspecting
- Documents a party controls that they do object to the other party inspecting
- Documents that are no longer in a party’s control
Who signs the disclosure statement detailing the extent of the search made?
The party, not their solicitor
The Directions Order is made when the case is allocated to a track. Under standard directions, within what time limit from that point must the disclosure lists be served?
28 days
Unless challenged, what does disclosure of a document provide?
An automatic right to inspect it