DR 10 - disclosure Flashcards
What is the standard disclosure direction on allocation to the small claims track?
Each party must file and serve on the other party copies of all documents that they intent to rely on at the hearing at least 14 days before the hearing.
What is the disclosure direction most commonly given on the Fast Track
Standard Disclosure
What is the disclosure process for the Multi Track?
14 days before CMC - Complete a disclosure report 14 days before the first Case Management Conference (CMC)
7 days before CMC - Enter into discussions to seek to agree a draft disclosure order which the parties will then ask the court to make. (Should meet the overriding objective to conduct litigation at proportionate cost and to limit disclosure to that which is necessary to deal with the case justly)
What is included in a disclosure report?
a) what relevant documents exist
b) Where and with whom they are
c) How electronic documents are stored
d) costs of giving standard disclosure
e) State which of the disclosure directions are to be sought.
When does an early version of a document need to be disclosed?
a) Contains a feature which itself satisfies the test for standard disclosure;
OR
b) The party has never had the original or no longer has the original under their control
When does the disclosure obligation cease?
The obligation continues until the proceedings are concluded.
What can you use a disclosed document for? What are the exceptions?
The purpose of the proceedings only.
Except
a) the document has been read or referred to by the court in a public hearing (inc skeleton).
b) the court gives permission
c) the party who owns the doc and the party disclosed the docs agree
Does the court in a multi-track case have to issue a disclosure order?
No, it has discretion
Is there an obligation to file a disclosure report for a personal injury in a multi-track case?
No
What documents are to be disclosed under a standard disclosure order?
The documents on which he relies; and
The documents which:
a) adversely affect his own case;
b) adversely affect another party’s case; or
c) support another party’s case
The documents which he is required to disclose by a relevant practice direction.
What is a document for disclosure purposes?
anything which records information
What does control mean?
Documents which are presently or formerly:
Physical possession
right to possession
right to inspect or take copies
What should the court consider when considering what constitutes a reasonable search?
- number of docs involved
- nature and complexity of proceedings
- how difficult/expense it would be to retrieve a document
- the significance of any document
+overriding objective particularly proportionality
What is included within a disclosure statement?
a) the extent of the search
b) party understands duty to disclose
c) to the best of its knowledge, the party has carried out that duty
- details of documents the inspection of which the party considers disproportionate
- signed by disclosing party
- if company, signed by appropriate officer explaining why they are an appropriate person.
What are the consequences of not disclosing
- party may not rely on document not disclosed unless the court allows
- contempt of court
🗡️
A party has a right to inspect a document that has been disclosed except…
- the document is no longer in the party’s control
- allowing inspection would be disproportionate
- the disclosing party has a right to withhold - e.g. privilege
When is redaction of a document allowed?
- clear part of document that attracts privilege
- information totally irrelevant to the dispute
