Disclosure

Question 1

How would you make an application for Specific Disclosure?

Answer 1

(1) Document should have been disclosed under STANDARD DISCLOSURE
(2) Regardess, the court should make an order for SPECIFIC DISCLSOURE at this stage

Question 2

What is the duty to search under Standard Dislcosure and what 4 factors are considered?

Answer 2

Reasonable Search

(1) NUMBERof documents
(2) NATURE / COMPLEXITYof proceedings
(3) EASE/EXPENSE of retrieval
(4) SIGNIFICANCE / IMPORTANCEof document

Question 3

When must a document be disclosed under ‘Standard Disclosure’?

Answer 3

(1) Document
(2) Is / was in Party’s Control
(3) Does it fall within CPR 31.6
(a) Party relies
(b) Adversely affects their own case
(c) Adversely affectsanother party’s case
(d) Supports another party’s case

Question 4

(1) What 2 factors will the court consider re ‘Specific Disclosure’
(3) What 3 elements feed into this?

Answer 4

‘ALL CIRCUMSTANCES OF CASE /OVERRIDING OBJECTIVE

(1) REASONABLE to believe lead to a TRAIN OF ENQUITY that supports A’s case / damages R’s case
(2) Document of CENTRAL (not peripheral) importance
(3) Search would be PROPORTIONATE

Question 5

What is the 3 part test for ‘Pre-Action Disclosure?
(1)
(2)
(3)
(a)
(b)

Answer 5

CPR 31
(1) LIKELY to be Party’s in subsequent proceedings (reasonable person - think litigation likely)
(2) Document(s) would have been disclosed under STANDARD DISCLOSURE
(3) PAD DESIRABLE to:
(a) DISPOSE OF the case FAIRLY(i.e. settlement / ADR)
(b) SAVE COSTS