DISCLOSURE
Disclosure is the first phase of the evidential stage of proceedings and is very important.
Generally, this is the first time you can assess the strength of evidence you can use to back up
facts of case. Quite a lot of case law in this section.
Disclosure, and the date for it, is one of the first directions made by the court.
So, what is disclosure?
Letting the other side know about documents that are relevant to the claim.
It is defined in CPR 1.2. it is a statement to the other side where you inform them that a
document exists or has existed.
Disclosure is an umbrella term for 2 stages: disclosure and inspection.
Disclosure – letting em know a document exists
Inspection – you usually let the other side inspect these documents
When speaking about disclosure, its important to make a distinction between these 2.
What is the purpose of disclosure?
To ensure court has all the evidence before it so they can make a judgement. Also, to help parties
themselves clarify the issues in dispute, and os they can evaluate each others cases. And also,
helps to encourage settlement of the whole case, or some of the issues that are in contention.
Meaning of disclosure
In order to decide whether party needs to disclose these documents to the other side, there is a 3
stage process:
1. Is the thing before you, a document?
2. Is it within your client’s control?
3. Does it fall within courts order for disclosure?
, Should make a conclusion afer these 3 Qs: should we disclose the docs or not? If yes, lets go
forward and do the next steps.
Cpr 35.5 s 7. Court under duty to ensure order for disclosure for any case meets with the
overriding objective so costs are proportionate and dealt with justly.
In fast track claims, and in claims for PI in multi track, the usual order for disclosure will be
STANDARD DISCLOSURE as per CPR 31.6.
Standard disclosure was also usual order made in all fast trak and multi track claims PRIOR TO
1ST APRIL 2013.
Now, we will look at the disclosure test in a little more detail.
Q1: is it a document? (CPR 31.4)
definition of document can be found in cpr 31.4: this is anything in which information of any
description is recorded
CPR 31.4, this also covers copies of docs. Although usually u only have to disclose these copies, if
these copies have had amendments made to it
PD 31A, paragraph 2a.1 also confirms def of doc includes electronic docs eg texts, PowerPoint,
recorded docs etc.
What to learn from this is that the scope of documents is VERY WIDE.
Q2. Is it in the client’s control? (CPR 31.8)
In order for a doc to be disclosed, it must be a doc, it also must be one that either has been or is
in your cleitns control as define din CPR 31.8
Elements of definition of CONTROL:
Covers docs that:
1. in client’s physical possession,
2. docs that your client had/has possession to. Eg docs sitting in hands of agent (client has
right to possess these) for example docs that are with solicitors
3. the right to inspect or take copies of documents.
Scope is v wide
Disclosure is the first phase of the evidential stage of proceedings and is very important.
Generally, this is the first time you can assess the strength of evidence you can use to back up
facts of case. Quite a lot of case law in this section.
Disclosure, and the date for it, is one of the first directions made by the court.
So, what is disclosure?
Letting the other side know about documents that are relevant to the claim.
It is defined in CPR 1.2. it is a statement to the other side where you inform them that a
document exists or has existed.
Disclosure is an umbrella term for 2 stages: disclosure and inspection.
Disclosure – letting em know a document exists
Inspection – you usually let the other side inspect these documents
When speaking about disclosure, its important to make a distinction between these 2.
What is the purpose of disclosure?
To ensure court has all the evidence before it so they can make a judgement. Also, to help parties
themselves clarify the issues in dispute, and os they can evaluate each others cases. And also,
helps to encourage settlement of the whole case, or some of the issues that are in contention.
Meaning of disclosure
In order to decide whether party needs to disclose these documents to the other side, there is a 3
stage process:
1. Is the thing before you, a document?
2. Is it within your client’s control?
3. Does it fall within courts order for disclosure?
, Should make a conclusion afer these 3 Qs: should we disclose the docs or not? If yes, lets go
forward and do the next steps.
Cpr 35.5 s 7. Court under duty to ensure order for disclosure for any case meets with the
overriding objective so costs are proportionate and dealt with justly.
In fast track claims, and in claims for PI in multi track, the usual order for disclosure will be
STANDARD DISCLOSURE as per CPR 31.6.
Standard disclosure was also usual order made in all fast trak and multi track claims PRIOR TO
1ST APRIL 2013.
Now, we will look at the disclosure test in a little more detail.
Q1: is it a document? (CPR 31.4)
definition of document can be found in cpr 31.4: this is anything in which information of any
description is recorded
CPR 31.4, this also covers copies of docs. Although usually u only have to disclose these copies, if
these copies have had amendments made to it
PD 31A, paragraph 2a.1 also confirms def of doc includes electronic docs eg texts, PowerPoint,
recorded docs etc.
What to learn from this is that the scope of documents is VERY WIDE.
Q2. Is it in the client’s control? (CPR 31.8)
In order for a doc to be disclosed, it must be a doc, it also must be one that either has been or is
in your cleitns control as define din CPR 31.8
Elements of definition of CONTROL:
Covers docs that:
1. in client’s physical possession,
2. docs that your client had/has possession to. Eg docs sitting in hands of agent (client has
right to possess these) for example docs that are with solicitors
3. the right to inspect or take copies of documents.
Scope is v wide
