Disclosure And Inspection Flashcards
Why is disclosure needed?
To enable the parties to evaluate the strengths and weaknesses of their caes in advance of the trial.
This will assist them in making an informed decision about whether to pursue or whether to seek an early settlement.
What is disclosure defined as in Part 31
A party discloses a document by stating that it exists or has existed
What documents court for disclosure?
Anything in which information of any description is recorded.
What are the differnet disclosures for the differnet tracks?
Small claims track: at leases 14 days before the date of the final hearing, file and service on every other party copies of ALL documents, including experts, on which they intend to rely
Fast track: standard disclosure
Multitrack: standard disclosure, but court may tailor the order to requirements of the particular case.
Hwo does the parties notify the court of thier requirements for disclosure in multi-track?
By compiling a disclosure report
When must the disclosure report be filed and serviced in multi track?
Not less than 14 days before first CMC
What happens after the disclosure report has been filed and served in a multi track?
Not less than 7 days before the first CMC, the parties must disclosure and seek to agree a proposal for disclosure that meets the overriding objective
What is standard disclosure?
Requires a party to disclose:
- documents on which THEY rely
The documents which:
Adversely affect their OWN CASE
Adversely affect ANOTHER partys case, or
SUPPORTS another partys case
What are the rule 31.6 documents?
These are all the documents that are involved in standard disclosure
What is the duty to disclose LIMITED to?
The duty to disclose is limited to documetns in the PARTYs CONTROL.
Documetns that:
- either are or were in physical possession
- have a right to possess
- have a right to inspect
What is the duty to search for disclosure?
All parties to the proceedings are subject to a duty to search for documents.
What is the scope of search for disclosure documents?
A party is required to make a reasonable and proportionate search for all documents that affect own caes, another’s, or supports another.
Documents on which the party INTENDS to rely are not listed, but, the party would look for these ANYWAY, as it is in their interests to do so
What counts as reasonable for the duty to search for documetns during disclosure?
Number of documetns involved
Nature and complexity of proceedings
Ease and expense of retrieval of any particualr document
Significant of document
What are the limitations to the duty to search for documents during disclosure?
Duty to search is not exhaustive, and a party may limit the extent of their search in several ways:
- by NOT searching for documents that came into existence befoer a particular date
- by specifying a particular place or places they search,
- by limiting the categories of documetns
How is disclosure made?
Once party has gathered together documetns, they are disclosed in a list, and on a completion of Form N265.
