Disclosure Flashcards
Each party must file and serve a disclosure report not less than [BLANK] days before the first Case Management Conference.
14
Parties must seek to agree a proposal for disclosure that meets the overriding objective not less than [BLANK] days before the first Case Management Conference.
7
Which documents must parties disclose?
Those which -
1. They rely on,
2. Adversely affect their case, the other party’s case, or support the other party’s case, and
3. Those required by Practice Directions.
What factors are taken into account when determining ‘reasonable search’?
Number of docs,
Complexity of case/procedure,
Ease and expense of retrieval, and
Significance of the docs.
What must a party do if he has not searched on the grounds that doing so would be unreasonable?
Must state in his disclosure statement and identify the category of the doc.
Parties have/had control of a doc if…
It was in his physical possession,
He has/had a right to possession, or
He has/had a right to inspect or copy.
Describe the procedure for standard disclosure.
Each party makes and serves a list of documents in the relevant form (Form N265).
List must identify docs in a convenient order and be concise.
List must identify docs which party claims a right/duty to withhold inspection, and those no longer in his control (and what happened to them).
List must also include a disclosure statement.
What does a disclosure statement set out?
Extent of search to locate docs.
Certifies understanding of duty to disclose.
Certifies that duty has been carried out to best of his knowledge.
If company, firm, association etc. makes disclosure statement, must also identify who makes the statement and why he is appropriate to make it.
Duty of disclosure continues until…
Proceedings conclude.
What does specific disclosure order a party to do?
Disclose docs or classes of docs, carry out searches stated in the order, and/or disclose any document located in that search.
Also orders party to permit inspection of docs above.
What must each party do when one party has a right to inspect docs?
Seeking party must give disclosing party written notice of the wish to inspect.
Disclosing party must permit inspection not more than 7 days after date notice was received.
If a party requests a copy of the document, what must the disclosing party do?
Must supply a copy no later than 7 days after date request was received.
In what circumstances will the court make an order for disclosure before proceedings start?
Only where -
Respondent and applicant are likely to be party to subsequent proceedings.
If proceedings had started, respondent’s duty would extend to the docs/classes of docs of which applicant seeks disclosure.
Disclosure is desirable to dispose fairly of anticipated proceedings, assist resolution, or save costs.
What must orders for disclosure before proceedings commence do?
Specify docs/class of docs the respondent must disclose.
Require respondent to specify docs which are no longer in his control or which he claims a right/duty to withhold inspection of.
What may orders for disclosure before proceedings commence do?
Require respondent to indicate what happened to docs no longer in his control.
Specify time/date for disclosure/inspection.
