Disclosure—introduction
Disclosure—introduction

The following Dispute Resolution guidance 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?
  • Scope of disclosure
  • more

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.

You should read this Practice Note in conjunction with:

  1. Disclosure—overview

  2. Inspection—overview

  3. Privilege—overview

  4. Disclosure—technical glossary

General points on disclosure

Disclosure is the term given to the process where parties offer up 'documents' in their control which are material to the issues in dispute.

Disclosure is an important part of any litigation. Both you and your client will have disclosure obligations and it is important you are aware of, and understand, these obligations. Disclosure obligations come into effect as soon as you