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GLOSSARY

Specific disclosure definition

Published by a LexisNexis Dispute Resolution expert

What does Specific disclosure mean?

Specific disclosure is a form of disclosure limited to specific documents or categories of documents.

It can be agreed between the parties but is more usually approached by way of application. It normally occurs after standard disclosure in circumstances where further documents or categories of documents are sought, but it can also occur prior to standard disclosure.

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Issues to consider when completing costs budget—checklist (until 30 September 2020) [Archived]

Issues to consider when completing costs budget—checklist (until 30 September 2020) [Archived] For guidance on the position from 1 October 2020, see: Issues to consider when completing costs budget—checklist. This Checklist considers the position up until 30 September 2020. It looks at the various issues that may arise when completing a costs budget also known as Precedent H. It takes the form of questions and answers. It should be remembered when completing a costs budget that costs involved in a case will vary depending on the specific circumstances of that case and the issues raised below are, therefore, generic. A link is also provided to a fully interactive Precedent H. General comments Question Response Do I have to complete a costs budget? A costs budget must be completed, filed with the court and served on the other parties in the proceedings unless proceedings are excluded from the costs budgeting rules. Where it is excluded, a costs budget need not be completed unless the court orders otherwise eg the value...

Disclosure considerations under CPR 31 after proceedings have started—checklist

Disclosure considerations under CPR 31 after proceedings have started—checklist This Checklist is intended to provide a starting point for disclosure issues you may need to consider once proceedings have been issued. For a high-level consideration of how to run the disclosure process efficiently, see Practice Note: How to comply with the disclosure process efficiently. The timing of various actions below are only suggestions and the process of disclosure should be kept under review throughout a case. Disclosure considerations after proceedings have been issued Action Comment and guidance Consider if the case is likely to be allocated to the fast track and was commenced on or after 1 October 2023 For discussion of this, see Practice Note: Disclosure in fast-track cases issued from 1 October 2023. Consider data protection requirements, for instance those under the United Kingdom General Data Protection Regulation, Retained Regulation (EU) 2016/679 (UK GDPR) regime The UK GDPR is applicable as from 31 December 2020. It applies to the processing of personal data and provides rights to...

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Disclosure—technical glossary

This Practice Note should be read in conjunction with Practice Note: Disclosure—introduction, or Disclosure Scheme (Business & Property Courts)—overview depending on which disclosure scheme is in operation in the court in which the claim is proceeding (see: Which disclosure rules apply to my claim—flowchart?).TermDefinitionArtificial Intelligence (AI)an artificial means of replicating thought processes of the human brain which can result in either extractive (summarising) or generative (creating) AIback-up tapestapes which contain saved data. They are called 'back-up' because the information is copied onto the tapes and is available as a 'back-up'. Can also refer to any other method where data is regularly collected and stored separately for the purposes of risk management. See also incremental back-ups belowbit and byteelectronic data can be measured in bits, which refers to the space taken up. 8 bits = 1 byte. 1 byte is the equivalent of 1 character of text; 1024 bytes = 1 kilobyteChatGPTan example of an AI tool launched in 2022; other models are availableclusteringthis type of search automatically identifies similar documents...

Disclosure: specific disclosure

This Practice Note explains in outline the nature of a specific disclosure application and identifies particular issues which arise depending on the court in which the matter is proceeding and the track to which the claim has been allocated.This Practice Note should be read in conjunction with Practice Notes:•Specific disclosure—making an application•Specific disclosure—the courts' approachThose two Practice Notes contain details about the procedure for making and discussion of case law on specific disclosure applications.What is specific disclosure?The overriding objective of the CPR is to enable the court to deal with cases justly and at proportionate cost. Parties are required to help the court achieve this (CPR 1.1–1.3).Through the disclosure process, this means providing the other parties with access to documents which may affect the cases, either positively or negatively.Where the disclosure ordered or provided is considered to be 'inadequate', the court has the discretion to order what is known as specific disclosure and/or specific inspection under CPR 31.12. This is providing disclosure and permitting the inspection of specified documents and/or...

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Disclosure letter—private M&A—asset purchase

Disclosure letter—private M&A—asset purchase [TO BE PRINTED ON THE Headed notepaper of the seller] For the attention of [insert buyer contact name] [insert buyer name] [insert buyer address] [insert day and month] 20[insert year] Dear [insert buyer contact name], Sale of the business of [insert description of the target business] operated by [insert seller(s) name] (the Business) We refer to the sale and purchase of the Business pursuant to an agreement (the Agreement) to be entered into today, between [insert seller(s) name] (the Seller[s] and [insert buyer name] (the Buyer). Words and expressions which are defined in the Agreement shall have the same meanings in this letter, unless the context requires otherwise. This letter, together with all the information in schedule 1 (Schedule 1), and the information in the documents deemed annexed to it or actually annexed to it as listed in schedule 2 (Schedule 2) (two copies of which have been initialled for the purposes of identification on behalf of the Parties (the Disclosure...

Witness statement in support of application for specific disclosure

Witness statement in support of application for specific disclosure Filed on behalf of the [Claimant OR Defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST between: [insert name] Claimant and [insert name] Defendant _______________________________________ [NUMBER OF WITNESS STATEMENT EG FIRST] witness statement of [insert name of witness] On behalf of the [Claimant OR Defendant] _______________________________________ I, [Insert full name of witness] of [insert address] will say as follows: 1 I am [set out the position of the witness and their...

Dive into our 10 Precedents related to Specific disclosure

If one party to financial remedy proceedings on divorce has a very significant inheritance at the outset of the proceedings what are the requirements for them to disclose the extent of that inheritance and when? Can requests for information be made of third parties eg the executor?

If one party to financial remedy proceedings on divorce has a very significant inheritance at the outset of the proceedings what are the requirements for them to disclose the extent of that inheritance and when? Can requests for information be made of third parties eg the executor? The court is not specifically referred to the question of inherited assets or the parties’ inheritance prospects by section 25 of the Matrimonial Causes Act 1973 or Part 5 of Schedule 5 to the Civil Partnership Act 2004. However, the court will consider any inherited assets when making a final order under the headings of the parties’ financial resources, their contributions to the welfare of the family, and ‘all the circumstances of the case’. See Practice Note: Inherited assets. In financial remedy proceedings the parties owe to each other (and to the court) a duty of full, frank, clear and accurate disclosure. As was said in NG v SG (Appeal: Non-Disclosure): '1. The law of financial remedies following...

Is there a set format for lists of documents for disclosure in the First-tier Tribunal (Property Chamber) and does this require a signature or statement of truth in the same way as an N265 form in court proceedings?

Is there a set format for lists of documents for disclosure in the First-tier Tribunal (Property Chamber) and does this require a signature or statement of truth in the same way as an N265 form in court proceedings? In short, no. The First-tier Tribunal (Property Chamber) (FTT(PC)) is a judicial body created by statute. Its powers therefore stem from statute and, as regards the regulation of proceedings before the FTT(PC), derive mainly for the Tribunal procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (the Property Chamber Rules 2013), SI 2013/1169. The Property Chamber Rules 2013, SI 2013/1169, r 6 provides: ‘…(1) Subject to the provisions of the 2007 Act and any other enactment, the Tribunal may regulate its own procedure. (2) The Tribunal may give a direction in relation to the conduct or disposal of proceedings at any time, including a direction amending, suspending or setting aside an earlier direction. (3) In particular, and without restricting the general powers in paragraphs (1) and (2), the Tribunal may— …...

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Dispute Resolution weekly highlights—17 July 2025

This week's edition of Dispute Resolution weekly highlights includes: analysis of a number of key DR developments and key judicial decisions including the Court of Appeal decisions in Berge Bulk Shipping PTE Ltd v Taumata Plantations Ltd (undisclosed principals) and Phones 4U Ltd v EE Ltd (appealing delayed judgments); dates for your diary; details of our most recently published content; and other information of general interest to dispute resolution practitioners.

Employment weekly highlights—12 June 2025

This edition of Employment weekly highlights includes: (1) an EAT decision reminding employers of the need to consider alternative employment in a redundancy situation; (2) a Women and Equalities Committee (WEC) report evaluating the UK’s parental leave system; (3) an EAT decision on the employment tribunal’s approach to striking out a claim; (4) an EAT warning about objecting to applications for extensions of time; (5) the July 2025 edition of the Industrial Relations Law Reports (IRLR), (6) dates for your diary, and (7) other news items of interest to employment practitioners.

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