Disclosure and Inspection of Documents

Question 1

Document

Answer 1

Anything that is recorded

Question 2

Exist

Answer 2

Is or has been in the parties’ physical control

Question 3

‘Reasonable search’ has regard to

Answer 3

• Number of docs
• Nature/complexity of proceedings
• How easy to retrieve
• Significance of docs

Question 4

Standard disclosure (usual for fast track) = documents:

Answer 4

• On which the party relies
• Adversely affecting his own case
• Adversely affecting another party’s case
• Supporting another party’s case
• Required to be disclosed by the relevant PD

Question 5

Diclosure form

Answer 5

• Information about search
• Disclosure statement
• Disclosure list

Question 6

Disclosure list

Answer 6

• Documents prepared to allow inspection of
• Documents withheld on grounds of privilege
• Documents no longer available

Question 7

Inspection

Answer 7

• Personal attendance
• Photocopies
• In electronic format

Question 8

Multi-track PI disclosure

Answer 8

Standard disclosure

Question 9

Multi-track everything else

Answer 9

Menu-option disclosure

Question 10

Menu option disclosure procedure

Answer 10

1) Exchange of disclosure report (14 days before first CMC)
2) Discussion to agree disclosure directions (7 days before CMC)
3) CMC court chooses disclosure order from the menu

Question 11

Menu option disclosure menu

Answer 11

• Order dispensing with disclosure
• Disclosure of docs on which party relies and any requested docs by the other party
• Disclosure on an issue by issue basis
• Train of inquiry disclosure
• Standard disclosure

Question 12

Part 23 specific disclosure

Answer 12

Where party aware that other party has document not appearing on disclosure list - search and disclosure

Question 13

Norwich Pharmacal orders

Answer 13

Obtaining disclosure against 3rd parties to find name of D or information relevant to proceedings

Question 14

Norwich Pharmacal test

Answer 14

• Respondent mixed up in wrongdoing through no fault of their own
• Respondent has facilitated the commission of the wrongdoing
• Applicant has sufficient interest, e.g. intent to sue
• NOT a mere witness

Question 15

Pre-action disclosure (SCA 1981 s 33(2) and CPR r 31.16(3))

Answer 15

Only where applicant/respondent likely to be parties to future proceedings, docs sought within R’s standard disclosure obligations, and advance disclosure desirable for fairness and cost-savings

Question 16

Non-party disclosure

Answer 16

• After proceedings have begun, by application notice, with witness statement, on notice (3 clear days)
• Likely that docs are in R’s possession or power
• Docs specifically identified
• Docs must exist
• Docs likely to support application - RELEVANT
• Disclosure necessary for fairness/cost-savings