Disclosure—introduction
Disclosure—introduction

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

  • Disclosure—introduction
  • General points on disclosure
  • CPR provisions governing the disclosure process
  • Overriding principles of disclosure
  • Disclosure pilot scheme and other court schemes
  • The meaning of ‘document’
  • Pre-action disclosure
  • Specific e-disclosure guidance
  • When does disclosure start?
  • Is disclosure always required?
  • More...

Important note: The Retained Regulation (EU) 2016/679 (UK GDPR) regime described in this Practice Note is the regime which is expected to apply once the implementation period (during which the UK remains subject to the EEA data protection regime) has ended. The UK GDPR regime is not applicable nor in force until 11 pm (UK time) on 31 December 2020. This Practice Note will be updated as matters progress. For further background, see Practice Note: Brexit—implications for data protection.

This Practice Note provides an introduction to disclosure under the CPR setting out the CPR provisions governing the disclosure process (eg Part 31), the overriding principles of the disclosure process and how it is generally conducted and regulated. It considers the meaning under the CPR of a ‘document’, the timing of disclosure, including when disclosure should first be considered, the scope of the disclosure exercise, including an introduction to the concepts of standard disclosure, specific disclosure, enhanced disclosure (covering Peruvian Guano or train of enquiry documents) and the stages of the disclosure process. It also provides some practical tips on conducting a disclosure exercise.

This Practice Note 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 below.

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