Authenticity of disclosed documents—CPR 32.19
Authenticity of disclosed documents—CPR 32.19

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Authenticity of disclosed documents—CPR 32.19
  • Time for serving a notice under CPR 32.19

This Practice Note considers the deemed authenticity of disclosed documents under CPR 32.19 the burden of proving the authenticity of a document, when to serve a notice to prove a document and the courts approach to authenticity.

This Practice Note should also be read in conjunction with:

  1. Disclosure—overview

  2. Inspection—overview

  3. Disclosure—technical glossary

A party is deemed to have admitted the authenticity of a document disclosed under CPR 31, unless the party serves a notice under CPR 32.19 indicating that it wishes the document to be proved at trial.

When serving a notice to prove, it is important to serve it in an appropriate form. A statement of case or witness statement questioning the authenticity of documents will not satisfy the requirements of CPR 32.19 (McGann v Bisping and Munford v HMRC at 50, per Tribunal Judge John Clark).

When it comes to proving the authenticity of a document, the burden falls on the party against whose document the notice was served, even