Disclosure—collecting documents
Disclosure—collecting documents

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

  • Disclosure—collecting documents
  • What you should already have done
  • Working with your client
  • Practical Tips

Note: This Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U in force as of 1 January 2019—for further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

What you should already have done

By the time you reach this stage of the disclosure process, you should have:

  1. a good understanding of where and how your client stores its documents, including electronically stored information. See Disclosure—identifying documents. This should (have) enable(d) you to make a realistic and proportionate disclosure order proposal. This is required where your (non-PI claim) is proceeding on the multi-track (CPR 31.5) and might be sensible in all other cases. For further guidance, see Practice Note: Disclosure obligations in multi track claims

  2. considered any obligations under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR) applicable from 25 May 2018. The GDPR introduces substantial amendments to EU and UK data protection law and makes provisions in relation to the processing of personal data and the free movement of such data. Typically, evidence involved in the disclosure process will include personal data. Clients and legal advisors may be data controllers and/or data processors and as such will need to comply with the GDPR. The processing of personal data is permitted under the