disclosure and inspection

Question 1

what is the difference between disclosure and inspection

Answer 1

disclosure is the process by which a party to a cliam tells another party that they are in possession or control of a particular document.

inspevtion is the proess by which the other party requests to look at that document (within 7 days)

Question 2

what is the extent of the duty that parties are under to search for documents for the purposes of disclosure

Answer 2

the duty is to conduct a reasonable search - giving consideration to issues such as the overall number of documents, the nature and complexity of proceedings, how significant an individual document will be and the ease and expense of finding a particular document

Question 3

what is standard disclosure

Answer 3

most common basis. a party must disclose documents on which they intend to rely which adversely affect their own case adversely affect another party’s case support another party’s case or are required to be disclosed by the relevant practice direction.

Question 4

true or false? the standard direvtion in the fast track is for parties to file and serve all documents on which they intend to rely no later than 14 days before the trial date commencement

Answer 4

false - this is the standard disclosure for snall claims track.