Disclosure

Question 1

Standard disclosure

Answer 1

A party must disclose every document of which it has control and which falls within the scope of the court’s order for disclosure.

Question 2

Meaning of document

Answer 2

Anything which records information

Question 3

Meaning of ‘in a party’s control’

Answer 3

CPR 31.8:

a) document is (or was) in physical possession of the party; or
b) the party has (or had) a right to possession of the document; or
c) the party has (or had) a right to inspect or take copies of the document.

Question 4

Meaning of Standard Disclosure

Answer 4

A party must disclose only:

a) documents upon which it relies
b) documents which:
i) adversely affect its own case;
ii) adversely affect another party’s case; or
iii) support another party’s case
c) documents which it is required to disclose by a relevant practice direction.