CPR 31

Question 1

What is a Norwich Pharmacal Order?

Answer 1

A Norwich Pharmacal Order is an order against a person who innocently facilitates the wrongdoing of another to disclose the identity of that person

Question 2

What are the conditions for a Norwich Pharmacal Order

Answer 2

1. There has been some wrongdoing
2. The Respondent has innocently facilitated the wrongdoing
3. The applicant has sufficient interest (intends to bring a claim) against the wrongdoer
4. The disclosure is necessary.

Question 3

In what types of claims can Norwich Pharmacal be used in?

Answer 3

Any type of claims

Question 4

Who has a general protection from Norwich Pharmacal Orders under the Contempty of Court Act 1981?

Answer 4

Journalists

Question 5

What is the rule for disclosure on the small claims track?

Answer 5

Parties are only required to disclose the documents on which they intend to rely at trial

Question 6

When first hired by a client, what should a lawyer say about disclosure?

Answer 6

They should remind clients of their duty to retain disclosable documents (PD31B.7)

Question 7

When should disclosure first take place?

Answer 7

The PD on Pre Action Conduct and the PI Pre Action protocol require limited pre action disclosure

Question 8

When should standard disclosure take place?

Answer 8

On the date provided by the Court when directions are made by the Court on allocation to a track or at a case management conference

Question 9

What is the normal deadline for disclosure to take place on the fast track?

Answer 9

Four weeks after directions (PD28 3.12)

Question 10

What 5 types of documents must a party disclose under standard disclosure?

Answer 10

Documents in a party’s control:

a) On which the party relies
b) Which adversely affect the party’s own case
c) Which adversely affect another party’s case
d) Which support another party’s case
e) That are specified by a practice direction

Question 11

What must each party do to find a the documents required?

Answer 11

Each party must make a reasonable search for the disclosable documents (CPR 31.7)

Question 12

When will a document be in a party’s control? (3 stages)

Answer 12

1. It is or was in his physcal possession
2. He has or had a right to take possession of it
3. He has a right to inspect it or take copies of it

Question 13

What 3 things must a party put on disclosure form N265?

Answer 13

1. Identify privileged documents
2. Identify inspectable documents
3. Identify documents which were in the party’s control and what has happened to them

Question 14

What must each party complete after disclosure?

Answer 14

A disclosure statement stating:

1) The extent of the search
2) That the party understands his duty of search
3) That the party has complied with the duty of search

Question 15

What must a search be according to CPR 31.7?

Answer 15

Reasonable

Question 16

What factors will a Court consider when deciding whether a party’s search was reasonable?

Answer 16

1. The number of documents
2. The nature and complexity of proceedings
3. The ease and expense of document retrieval
4. The significance of a document

Question 17

What must parties in the multi track file no less than 7 days before the first Case Management Conference?

Answer 17

A disclosure report

Question 18

What must a disclosure report do?

Answer 18

Describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
Describes where and with whom those documents are or may be located;

Question 19

Where a party believes that disclosure has been inadequate, what can the other party do?

Answer 19

Make an application for specific disclosure

Question 20

What is the general rule about using disclosed documents for extraneous purposes?

Answer 20

The general rule is that the recipient of a disclosed document may only use it for the purpose of proceedings.

Question 21

What are the three exceptions to the general rule about the collateral use of disclosed documents?

Answer 21

1. The document in question has been used in a public hearing
2. The Court gives permission
3. The parties agree

Question 22

What are the three conditions for pre-action disclosure against a possible party?

Answer 22

1. The respondent is likely to be a party
2. Standard disclosure would apply to the document the applicant is seeking
3. Disclosure is necessary to dispose fairly of proceedings or assist the dispute to be resolved without proceedings

Question 23

Once proceedings have been commenced, an application for non party disclosure can be made. On what grounds can an application for non party disclosure be made?

Answer 23

The document is likely to support the applicant or adversely affect another party
Disclosure is necessary to dispose fairly of the claim or to save costs