Disclosure and Inspection of Documents Flashcards
what type of documents will disclosure include?
letters
emails
texts
audio
witness statement
How is disclosure defined?
it is the list stating that the documents exist
How is inspection defined?
the opposition picking documents that aren’t privileged and viewing them
Which type of claim does Part 31 does not apply to?
small claims track claims
under 31.2, When does a party disclose a document?
when they state that the document exists or has existed.
what are the three exceptions under 31.3(1) where a party to whom a document has been disclosed has a right to inspect that document?
if the document is no longer in control of the party who disclosed it
the party disclosing the document has a right/duty to withhold the inspection of it or
where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of documents under rule 31.6(b).
what must a party do if they consider that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b)?
he is not required to permit inspection of documents within that category or class but he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.
under CPR 31.14, a party may inspect a document mentioned in what type of documents?
a statement of case
a witness statement
a witness summary
or an affidavit
subject to r35.10(4), when can a party apply for an order for inspection of any document mentioned in an expert’s report?
which hasn’t already been disclosed in the proceedings.
Under 31.5, where a party has the right to inspect a document, what must they do?
they must give written notice of this wish to inspect it to the party who disclosed the document and the party who disclosed the document must permit inspection not more than 7 days after the date on which he received the notice and that party may request a copy of the document and if he also undertakes to pay reasonable copying costs, the party who disclosed the document must supply him with a copy not more than 7 days after the date on which he received the request.
under CPR r31.21, what is the consequence of failure to disclose or permit inspection?
a party may not rely on these as a result.
Under CPR r31.23, when can proceedings for contempt of court be brought against a person?
if he makes or causes to be made a false disclosure statement without an honest belief in its truth.
true or false:
the court has the power to order disclosure against a person who isn’t a party to the proceedings
true
when will a norwich pharmacal order be made?
if the info can’t be obtained by other means and if C has a real interest in suing the alleged wrongdoer.
what is the two stage test as to whether disclosure is desirable?
it must be jurisdictional and it must be discretionary
when is a pre-action disclosure made?
when a potential C needs to look at documents belonging to a potential D in order to decide if there is a viable case to bring against D
what are the conditions for a pre-action disclosure under 31.16(3)?
o (a) the respondent is likely to be a party to subsequent proceedings
o (b) the applicant is also likely to be a party to those proceedings;
o (c) if proceedings had started, the respondent’s duty (standard disclosure) would extend to documents/classes of documents of which the applicant seeks disclosure; and
o (d ) disclosure before proceedings have started is desirable in order to-
(i) dispose fairly of the anticipated proceedings
(ii) assist the dispute to be resolved without proceedings
(iii) save costs
what does standard disclosure require for a party to disclose?
o (a) the documents on which he relies; and
o (b) the documents which-
(i) adversely affect his own case;
(negative)
(ii) adversely affect another party’s case;
(positive)
(iii) support another party’s case; and
(negative)
true or false:
the usual direction for an order for standard disclosure is made in the fast track and the multi-track?
true
when must a disclosure report be made?
14 days before the first case management conference
what must the disclosure report set out?
the documents that exist or may exist or may be
relevant;
the location and custodians;
how documents stored;
the broad range of costs that could be involved in giving standard disclosure and also if any other disclosure order is sought, the broad range of
costs for that disclosure as well;
which menu disclosure option has been selected
what is a disclosure statement
Statement signed by the party making disclosure or in the case of a company or other organisation, a person with appropriate authority who has conducted or supervised the search for documents.
