Possible disclosure orders Flashcards
What is Specific Disclosure?
An order that a party must do one of the following:
- Disclose documents
- Carry out specified searches
- Disclose documents resulting from those searches.
When can an order for Specific Disclosure be made?
An order can be made at any time after proceedings have been issued.
What are the uses of Specific Disclosure?
- Opponent has not complied with existing disclosure obligations.
- Applicant wants documents earlier than current directions.
- Applicant wants more than current directions provide for.
What factors determine the success of an application for Specific Disclosure?
The court considers
- All circumstances
- Overriding objective
- Proportionality and reasonableness
- Compliance with obligations.
Court more likely to grant order if current disclosure is inadequate or case calls for more than standard dislosure
What is required for the procedure of Specific Disclosure?
The application must specify the order sought, list documents in a schedule, and be supported by evidence.
What is Specific Inspection?
An order that a party permit inspection of a disclosed document, alleged to be disproportionate for inspection.
rare IRL
What is Pre-Action Disclosure?
Enables a party to obtain disclosure before proceedings commence to assist in resolving disputes and saving costs.
What are the requirements for Pre-Action Disclosure?
- Both parties are likely to be parties to the proceedings
- Pre-action disclosure would be desirable to dispose fairly of the proceedings, help settle, save costs
- Can’t be further than standadrd disclosure
What is the procedure for Pre-Action Disclosure?
Application must specify the order sought, list documents, be supported by evidence, and may require the respondent to specify documents no longer under control.
What is the costs rule associated with Pre-Action Disclosure?
Generally, R is awarded costs for pre-action disclosure (unless it was a minor request, or R did not comply with pre-action protocol)
What are the requirements for Non-Party Disclosure?
- Disclosure of documents which are likely to support the applicant’s case or adversely affect another party’s case.
- Disclosure is needed to dispose fairly of the claim or save costs
What is the procedure for Non-Party Disclosure?
Application must specify the order sought, be supported by evidence, and require the respondent to specify documents no longer under control.
This must be served on the R and any other party to the proceedings
What are the costs associated with Non-Party Disclosure?
The court will order the applicant to pay the respondent’s costs unless the non-party acted unreasonably.
What are Norwich Pharmacal Orders?
Orders that require a non-defendant to disclose information to allow the claimant to sue the correct defendant.
What are the requirements for Norwich Pharmacal Orders?
- A wrong must have been carried out by an ultimate wrongdoer.
- An order must be needed to enable action against the wrongdoer.
- The respondent was more than a mere witness and is able to proide the necessary information
must be necessary and proportioante
What are the cost implications for Norwich Pharmacal Orders?
Usually, the applicant pays the respondent’s costs, but may recover costs from the ultimate wrongdoer.
CPR for standard disclosure?
CPR 31.6
Standard disclosure reuiqres a party to disclose only:
a. The docs on which he relies; and
b. The docs which
i. Advrsely affect his own case
ii. Adversely affect another party’s case or
iii. Support another party’s case; and
c. The docs which he is required to disclose by a relevant practice direction
