Disclosure

Question 1

What is the definition of standard disclosure

Answer 1

Documents which you intend to rely on to support your case and those which adversely affect your case and those which support or adversely affect the other party’s case

Question 2

What orders for disclosure can you apply for?

Answer 2

1. Specific disclosure (if you think other parties disclosure is inadequate) - can request that they make another search and locate the doc
2. Non party disclosure - third party has an important doc
3. Pre action disclosure
4. Challenging privilege

Question 3

What can you ask for in an order for specific disclosure?

Answer 3

You can ask that the party either:
- carries out a more extensive search and disclose docs as a result of that search
- or disclose specific docs that you would have expected to see

Question 4

What’s the procedure for specific disclosure application?

Answer 4

• make an application with witness statement
• witness statement should explain why you believe the document exists (eg seen it before or vital to establish an issue such as liability)