4.6 Introduction to disclosure

Question 1

What is disclosure?

Answer 1

Where the parties exchange evidence - usually starting with documentary evidence.

CPR 31.2
A party discloses a document by stating that it exists or has existed.

Question 2

What are the four main purposes of disclosure?

Answer 2

1.
For parties to evaluate the strength of the case against them;
2.
To encourage settlement;
3.
To help clarify the issues in dispute;
4.
To ensure that the court has all the facts and evidence it needs to decide the case.

Question 3

What are the two main concepts at play within the disclosure phase of litigation?

Answer 3

1.
Disclosure;
2.
Inspection.

Question 4

Which Part of CPR deals with disclosure and inspection?

Answer 4

Part 31

Question 5

Where are rights of inspection set out?

Answer 5

CPR 31.3

Question 6

Where are the parties’ duties of disclosure set out?

Answer 6

CPR 31.5

Question 7

What is inspection?

Answer 7

Looking at the documents disclosed by the other party.

Question 8

What must a party do to inspect a document?

Answer 8

CPR 31.15
Where a party has a right to inspect a document -
(a)
that party must give the party who disclosed the document written notice of his wish to inspect it;

Question 9

What must a disclosing party do after receiving notice that the other party wishes to inspect a document?

Answer 9

CPR 31.15
(b)
the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice;
(c)
that party may request a copy of the document and, if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.