Disclosure—grounds for objecting to inspection under CPR 31.19

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

  • Disclosure—grounds for objecting to inspection under CPR 31.19
  • Grounds for objecting to inspection
  • Control
  • Proportionality
  • Privilege
  • Confidential information
  • Public interest immunity
  • Closed material procedure
  • Procedure for asserting entitlement to withhold inspection
  • CPR 31.19(5)—challenging a claim to withhold from inspection
  • More...

Disclosure—grounds for objecting to inspection under CPR 31.19

Grounds for objecting to inspection

A party is (generally) entitled to inspect documents which:

  1. have been disclosed to them pursuant to CPR 31.3—see Practice Note: Disclosure—inspection

  2. have been mentioned in a statement of case, witness statement, etc—see Practice Note: Disclosure—inspection—Inspection under Rule 31.14—documents referred to in statements of case, witness statements, etc

  3. have been mentioned in an expert report under CPR 35.10(4)—see Practice Note: Disclosure—inspection—What can be inspected?

However, on occasion, the disclosing party may have a duty or entitlement to withhold some of those document from inspection under CPR 31.3(1)(b) and CPR 31.19(3).

A number of grounds for objecting to inspection exist, including:

  1. the documents are irrelevant and therefore not disclosable—see Practice Notes: Disclosure—standard disclosure and the reasonable search and Disclosure: practical tips on conducting a reasonable search (standard disclosure)

  2. the documents no longer under the disclosing party's control—see below

  3. it may be disproportionate to the issues in dispute to permit inspection of a certain category of documents—see below

  4. your client may be able to withhold inspection on the basis that the documents are privileged—see below

  5. your client may be able to withhold inspection of certain documents on the basis of public interest immunity (PII) or seek to put in place a closed material procedure (CMP)—see below

  6. where your client has documents that are also in the control of

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