Introduction - disclosure & inspection Flashcards
What is disclosure?
The stage in proceedings when (in most cases) the parties exchange documents relevant to the dispute
(the first exchange of evidence/documentary evidence)
- the common subsequent exchanges relate to evidence of witnesses of fact & in some cases, expert evidence.
In addition to documents that a party wants to rely on, what else might a party be required to disclose?
Documents which are adverse to its position or which support another party’s position.
What is the effect of disclosing documents which are adverse to a party’s position, or which support another party’s position?
In this way, disclosure is an opportunity for the parties to discover possible weaknesses in their opponent’s case from an evidential perspective.
Is it common for a disclosure obligation to include an obligation to search for documents that a party might have to disclose?
Yes.
What are the implications of the process of searching, reviewing & disclosing documents?
It’s a time consuming and inconvenient process - significant cost implications in litigation & needs careful planning and implementation.
What are the two concepts that are involved in disclosure?
1) Disclosure
2) Inspection
What is the CPR definition of disclosure?
Stating (to another party) that a document exists or has existed (CPR 31.2)
What is the CPR definition of inspection?
(the party to whom a document has been disclosed) looking at a document
CPR 31.15: where a party has a right to inspect a document, they also have a right to request a copy of that document - commonly referred to as inspection.
What are the purposes of disclosure/inspection?
- to help clarify the issues which are in dispute
- to enable parties to evaluate the strength of the claim against them
- to encourage settlement
- to ensure the court has all the facts and evidence before it to deal justly & appropriately with the case
workbook - image of overview of disclosure/inspection
