Laura Heeley

This Practice Note sets out the disclosure obligations of legal practitioners when involved in civil proceedings. For general guidance on disclosure, see: Disclosure—overview.Note: this Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For further guidance on this, see: Disclosure Scheme (Business & Property Courts)—overview.For guidance on disclosure duties for parties, see Practice Note: Determining parties’ disclosure duties.Disclosure rules and obligationsDisclosure rules can vary according to the track to which a claim is allocated. For general guidance on allocations, see: Allocating and transferring proceedings—overview.For general guidance on disclosure in:•small claims track—see Practice Note: Disclosure in the small claims track•fast-track claims—see Practice Note: Disclosure in fast track cases•intermediate track claims—see Practice Note: Disclosure in intermediate track cases•multi track claims—see Practice Note: Disclosure in multi track casesDisclosure obligations for legal practitionersThroughout the disclosure process, legal practitioners have obligations

This Practice Note sets out the disclosure obligations of parties that are involved in civil proceedings. For general guidance on disclosure, see: Disclosure—overview.This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For further guidance, see: Disclosure Scheme (Business & Property Courts)—overview.For further guidance on the disclosure duties for legal practitioners, see Practice Note: Determining legal practitioners’ disclosure duties.Parties’ dutiesCPR 1.3 requires parties to assist the court to further the overriding objective. In practice, this means that a litigant must act in a co-operative, proportionate and reasonable manner during the litigation process with a view to minimising costs.A litigant has specific duties to:•preserve documents, ensuring that no potentially relevant document has been altered, deleted, lost or destroyed once litigation is reasonably in prospect—for further guidance, see Practice Note: Electronic disclosure—CPR Practice Direction 31B•make a reasonable search for documents when giving standard disclosure (CPR 31.7(1) and CPR PD 31A,

IntroductionThis Practice Note sets out the disclosure requirements for claims allocated to the fast track, including the rules and guidance applicable where the claim form was issued on or after 1 October 2023 (excluding personal injury and clinical negligence cases where different timing rules apply). For general guidance on disclosure, see: Disclosure—overview.Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For more guidance on the disclosure scheme, see: Disclosure Scheme (Business & Property Courts)—overview.For general guidance on the disclosure process in relation to the other tracks, see Practice Notes:•Disclosure in the small claims track•Disclosure in intermediate track cases•Disclosure in multi-track casesThe scope of a fast track claimThe fast track was designed to provide a streamlined procedure for managing and bringing lower value claims above the small claims limit, to trial in the county court. The aim is to keep

IntroductionThis Practice Note sets out the disclosure requirements for claims allocated to the intermediate track, including the rules and guidance applicable where the claim form was issued on or after 1 October 2023.Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview.For general guidance on the disclosure process in relation to the other tracks, see Practice Notes:•Disclosure in the small claims track•Disclosure in fast track cases•Disclosure in multi-track casesThe scope of a claim in the intermediate trackThe intermediate track claim was introduced from 1 October 2023 for cases that are more complex than those suitable for the fast track, but not as complex as those requiring multi-track case management.These claims range between £25,000 and £100,000 and are not overly complex and can be resolved within

IntroductionThis Practice Note sets out the disclosure requirements for claims allocated to the multi-track. It also provides guidance on the interpretation and application of the relevant provisions of the Civil Procedure Rules (CPR) and should be read in conjunction with: Disclosure under CPR 31—pre-action considerations—checklist and Disclosure considerations under CPR 31 after proceedings have started—checklist.For general guidance on disclosure, see: Disclosure—overview.Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview.For general guidance on the disclosure process in relation to the other tracks, see Practice Notes:•Disclosure in the small claims track•Disclosure in fast track cases•Disclosure in intermediate track casesThe scope of a claim in the multi-trackThe multi-track is designed for more complex cases, involving intricate legal or factual issues that require extensive case management. The court provides

This Practice Note sets out the disclosure requirements for all claims that are allocated to the small claims track. For general guidance on disclosure, see: Disclosure—overview.Note: this Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For further guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview.For general guidance on the disclosure process in relation to the other tracks, see Practice Notes:•Disclosure in fast track cases•Disclosure in intermediate track cases•Disclosure in multi-track casesThe scope of a claim in the small claims trackClaims on the small claims track are known as ‘small claims’. The small claims track is specific for claims for under £10,000.For more guidance on cases allocated to and proceeding on the small claims track, see Practice Note: Small claims track—case management.Disclosure in the small claims trackClaims under the small claims track are governed

This Practice Note provides an introduction to disclosure under the Civil Procedure Rules (CPR), setting out the main CPR provisions governing the disclosure process under CPR 31. It considers the meaning under the CPR of a document and provides practical tips on conducting a disclosure exercise.Note: this Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For further guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. For guidance on which disclosure rules apply to your claim, see: Which disclosure rules apply to my claim—flowchart?This Practice Note should be read in conjunction with:•Disclosure—overview•Inspection—overview, and•Privilege and without prejudice communications—overviewAt a pre-action stage, you also need to be aware that some of the pre-action protocols set out requirements for disclosure before proceedings have started. For further guidance, see: Pre-action disclosure and Norwich Pharmacal—overview.CPR provisions governing the disclosure processThe CPR and case

This Practice Note sets out the consequences that can apply for failure to comply with a party’s or legal practitioner’s disclosure obligations. For guidance on the commonly encountered issues, see Practice Note: Failure to comply with disclosure obligations—commonly encountered issues.Note: this Practice Note does not consider any specific consequences as a result of failing to comply with CPR PD 57AD. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. Note: not all claims proceeding in the Business and Property Courts are subject to the Disclosure Scheme under CPR PD 57AD—for further guidance, see: Which disclosure rules apply to my claim—flowchart?CPR 31.21 provides that a party who fails to disclose or permit inspection of a document may not rely on that document without the court's permission to do so.There are also various case management powers available to the court which may be used where a party is in default of a rule, practice direction or court order. These

This Practice Note sets out the commonly encountered issues as a result of a failure to comply with disclosure obligations. .It does not consider any specific consequences as a result of failing to comply with CPR PD 57AD. For general guidance on the Disclosure Scheme, see: Disclosure Scheme (Business & Property Courts)—overview. Note, not all claims proceeding in the Business and Property Courts are subject to the Disclosure Scheme under CPR PD 57AD—for further guidance, see: Which disclosure rules apply to my claim—flowchart?Can a trial be adjourned because disclosure has not been completed?The court has the power to adjourn a hearing under CPR 3.1(2)(b) and also following a party’s application under CPR 29.5(1)(d) in a multi-track case. A failure to complete disclosure may be a ground for such an application, but it does not automatically follow that the trial will be adjourned in those circumstances.In Geoquip Marine Operations AG v Tower Resources Cameroon SA, the defendant argued at the start of