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