4.6 Sources and types of disclosure obligations

Question 1

Which Rule sets out the court’s power to order disclosure in the multi-track?

Answer 1

CPR 31.5

Question 2

Is there a general duty of disclosure?

Answer 2

No - only orders from the court which come under -

Small claims track - CPR 27.4;
Fast track - CPR 28.2 and 3, and 31.6 [standard disclosure];
Multi-track - CPR 31.5(7) and (8).

Question 3

When is a disclosure order made?

Answer 3

Usually at allocation or the case management conference.

Question 4

Which provisions set out the types of disclosure order that the court can make?

Answer 4

CPR 31.5(7) and (8) - but these lists are not exhaustive.

Question 5

When must parties give disclosure in the small claims track?

Answer 5

CPR 27.4
(1)
After allocation the court will -
(a)
give standard directions and fix a date for the final hearing;
(3)
In this rule - 
(a)
"standard directions" means -
(i) a direction that each party shall, *at least 14 days before the date fixed for the final hearing*, file and serve on every other party copies of all documents (including any expert's report) on which he intends to rely at the hearing...

Question 6

When will the court direct disclosure in the fast track?

Answer 6

CPR 28.2(1)
When it allocates a case to the fast track, the court will give directions for the management of the case…
CPR 28.3(1)
The matters to be dealt with by directions under the rule 28.2(1) include -
(a)
disclosure of documents

Question 7

What type of disclosure is directed in the vast majority of fast and multi-track cases?

Answer 7

Standard disclosure (CPR 31.6)
(CPR 31.5(7)(e) states that the court can order standard disclosure in the multi-track.)

Question 8

Which provision sets out the duty on the parties to file disclosure reports in the multi-track?

Answer 8

CPR 31.5(3)

Question 9

When must the parties file and serve their disclosure reports (in the multi-track)?

Answer 9

CPR 31.5(3)

Not less than 14 days before the first case management conference

Question 10

What must the statement of truth attached to a disclosure report do?

Answer 10

CPR 31.5(3)
(a) [relevant documents]
describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
(b) [where]
describes where and with whom those documents are or may be located;
(c) [e-storage]
in the case of electronic documents, describes how those documents are stored;
(d) [costs to disclose]
estimates the broad range of costs that could be involved in giving standard disclosure in the case, including the costs of searching for and disclosing any electronically stored documents; and
(e) [directions sought]
states which of the directions under paragraphs (7) or (8) are to be sought.

Question 11

What is the name of the disclosure report form?

Answer 11

N263

Also the Electronic Documents Questionnaire

Question 12

What are the stages of disclosure in the multi-track?

Answer 12

1.
Allocation;
2.
Lodge disclosure reports including EDQs - 14 days pre-CMC;
3.
Seek to agree a disclosure proposal in accordance with the Overriding Objective - seven days pre-CMC;
4.
Case management conference (unless the court decides otherwise);
5.
Disclosure orders.

Question 13

When must the parties discuss and seek to agree a proposal in relation to disclosure?

Answer 13

CPR 31.5(5)

At least seven days before the first case management conference.

Question 14

What are the stages of disclosure in the small claims track?

Answer 14

1. Allocation and disclosure order;
2. Usually, file and serve all documents relied on 14 days pre-trial;
3. Trial.

Question 15

What are the stages of disclosure in the fast track?

Answer 15

1. Allocation and (usually standard) disclosure order;
2. ??????
   ????????

Question 16

Where are the words “copy” and “document” defined?

Answer 16

CPR 31.4

Question 17

What documents can parties seek to have disclosed that are not mentioned in the court’s disclosure order?

Answer 17

CPR 31.14
(1)
A party may inspect a document mentioned in - 
(a) a statement of case;
(b) a witness statement;
(c) a witness summary; or
(d) an affidavit.
(2)
Subject to CPR 35.10(4), an expert report.

Question 18

Which Rule sets out what documents standard disclosure requires to be disclosed?

Answer 18

CPR 31.6

Question 19

Which Rule sets out the procedure for standard disclosure?

Answer 19

CPR 31.10

Question 20

For specific disclosure, where is the procedure set out?

Answer 20

In the directions themselves, having regard to CPR 31.5(8).

Question 21

How long does the duty of disclosure last?

Answer 21

CPR 31.11
(1)
Any duty of disclosure continues until the proceedings are concluded.
(2)
If documents to which that duty extends come to a party’s notice at any time during the proceedings, he must immediately notify every other party.

Question 22

What is the general rule regarding what a party may do with a document that has been disclosed to it?

Answer 22

CPR 31.22
A party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed…

Question 23

What are the exceptions to the general rule against parties using disclosed documents outside of the proceedings?

Answer 23

CPR 31.22
where—
(a)
the document has been read to or by the court, or referred to, at a hearing which has been held in public;
(b)
the court gives permission; or
(c)
the party who disclosed the document and the person to whom the document belongs agree.

Question 24

Where is the standard form of words in fast track standard disclosure directions set out?

Answer 24

28 PD 11

Question 25

In what types of claim are disclosure reports required?

Answer 25

CPR 31.5(2)

All multi-track claims except personal injury claims.