Disclosure Flashcards
What is the primary purpose of disclosure?
To identify and inform the other side of the existence of all documents relevant to the litigation.
What does the term “inspection” refer to?
The process of enabling the other side to view disclosed documents.
What types of documents are included in disclosure?
Emails, Word documents, Excel sheets, databases, hard drives, photographs, and written documents.
What is Standard Disclosure?
The obligation to identify and inform about documents on which a party intends to rely, adverse documents, and those supporting the other party’s case.
What is the duty of a claimant regarding search?
They must make a reasonable and proportionate search for documents within their control that might be relevant.
Define “specific disclosure.”
An application for additional disclosure when there’s reason to believe the initial disclosure was inadequate.
What is the rule regarding privileged documents?
Their existence must be disclosed, but the documents can be withheld from inspection.
What are the four types of privilege?
- Legal advice privilege 2. Litigation privilege 3. Common interest privilege 4. Without prejudice privilege
Who holds the privilege over a document?
The client holds the privilege, and it can only be waived by the client.
What must a Disclosure List include?
- Documents available for inspection 2. Documents withheld from inspection 3. Documents no longer in control, including their last known status.
What is a Disclosure Statement?
A statement detailing the extent of the search for relevant documents, certified by the party making it.
What is the timeline for inspection after disclosure?
The inspection must occur within 7 days following the disclosure of documents.
What are the consequences if a solicitor fails to comply with disclosure obligations?
They must not continue to act for a client unwilling to comply; they must also inform the court of destroyed documents.
