Disclosure—identifying documents
Disclosure—identifying documents

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

  • Disclosure—identifying documents
  • Initial stages
  • The case against your client
  • Where and how your client stores information
  • Identifying documents for disclosure—practical tips
  • Court specific guidance

This Practice note explains the process of identifying documents relevant to the issues in dispute and which may need to be disclosed under Part 31 of the CPR.

It provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further Court specific guidance.

Initial stages

Immediately on receipt of instructions you should ask the client and consider what the entire universe of documents is or might be, and how (if at all) your client manages and stores information. This applies to both hard copy and electronically stored documents. For background information on electronic documents, see Practice Note: Disclosure-Practice Direction 31B on E-disclosure—Guidance on scope of e-disclosure

You should then engage in discussions with your client to find the answers. Your client may not know or want to engage in such discussions but both you and your client have disclosure obligations that cannot be ignored. See Practice Notes: Disclosure—solicitors' obligations and Disclosure: parties duties.

It may seem too early to start the disclosure process, but you need to be aware of the type, extent and location of your client's documents (including electronic documents) so that you can plan the disclosure process and comply with your disclosure obligations. You also need