W6 A&Q (Disclosure) Flashcards
Where does an obligation to give disclosure come from?
The obligation comes from a court order. There is NO automatic obligation to give disclosure of anything.
When is the order for disclosure usually given ?
On allocation OR case management conference OR on parties allocation .
What are the sources and types of disclosure order?
Standard Disclosure
OR
An Alternative Disclosure
OR
No order
When does the court arrive at an order for disclosure for a small claim track?
Direction given on allocation.
What is the time limit for disclosure for a small claim track?
At least 14 days before the date fixed for the final hearing.
Each party must file and serve on every other party copies of all docs on which they intend to rely on.
When does the court arrive at an order for disclosure for a fast track?
Directions on Allocation and is usually directions is for each party to give ‘standard disclosure’
When does the court arrive at an order for disclosure for a multi-track?
At the CMC (Case Management Conference), the court will consider carefully what form of disclosure is most appropriate.
For parties on a multi-track case, what do the parties need to complete before the CMC (Case Management Conference ?
Complete the
-Disclosure Report (Filed and Served)
and
- Draft Direction (Proposal)
What is the time limit for completing the Disclosure Report?
Not less than 14 days before CMC (Case Management Conference)
What is the time limit for completing the draft direction proposal?
At least 7 days before any CMC (Case Management Conference).
What Form is the Disclosure report?
Form N263
What is included and briefly explained in the disclosure report?
- what relevant doc exist or may exist
- where, and with whom, they are
- how any electronic doc are stored
- estimate the broad range of the cost that could be involved in giving standard disclosure in the case
- States which of the disclosure directions (several alternatives to standard disclosure are offered) are to be sought
Does the party need to disclose every copy of a doc?
No.
When do party need to discloses copies of a document?
only if:
a) they contain a modification, obliteration or other marking or feature which itself satisfies the test for standard discourse.
b) the party has never had the original or no longer has the original in its control.
Is a duty of disclosure a continuing obligation?
Any duty of disclosure continues until proceedings are concluded.
A party must disclose docs which come within its control or were created after the date it originally gave the disclosure if they fall within the disclosure obligations.
What does a Standard disclosure require a party to disclose?
- the document on which he relies and
- the document which
- adversely affects his own case
-adversely affects another party’s case or
- supports another party’s case and
- the docs which they are required to disclose by a relevant practice direction.
What are the procedure to establish whether or not there is a duty to disclose for standard disclosure?
- is it a document ?
- is/was it in the party’s control?
- Does it fall within standard disclosure?
What is the definition of a document for standard disclosure and what does it include?
Is anything which records information (very broad).
it includes:
a. digital recordings
b. emails
c. photography
d. text messages
e. voicemails
f. metadata (data about data eg the time of creation or modification of a file or its author)
How is the duty of disclosure limited ?
The duty of disclosure is limited to documents which are or have been within the party’s control.
What does is in a party’s control?
A) Doc is (or was) in the physical possession of the party.
B) The party has (or has had) a right to possession of the doc. (Eg doc held by party’s agent)
c)The party has (or has had) a right to inspect or take copies of the doc (eg a party has a right to inspect their own medical records)
