Disclosure—parties' duties
Disclosure—parties' duties

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

  • Disclosure—parties' duties
  • What are a party's duties?
  • Duty to co-operate in the disclosure process
  • Disclosure statement
  • Failure to comply

What are a party's duties?

CPR 1.3 requires your client to assist the court to further the overriding objective. This effectively means that your client must act in a co-operative, proportionate and reasonable manner during the litigation process to minimise costs. In reality, this may mean discussing and seeking to agree the scope of any disclosure exercise. In the case of non-PI claims proceeding on the multi-track and in cases where documents to be disclosed are electronic, this is an obligation. See Practice Note: Disclosure obligations in multi track claims after April 2013—Jackson reforms and below.CPR 1.3

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.

In relation to disclosure, your client also has a number of specific duties to:

  1. preserve documents—for more information, see Practice Notes: Disclosure—preserving documents, Disclosure—Practice Direction 31B on E-disclosure and Disclosure—preparing the list of documentsCPR PD 31B, para 7

  2. make a reasonable search for documents when giving standard disclosure—for more information, see Practice Note: Disclosure—standard disclosure and the reasonable searchCPR 31.7

  3. co-operate in the disclosure process—for more information the specific obligations are set out in more detail below. See also Practice Note: Disclosure—Practice Direction 31B on E-disclosureCPR PD 31B, para 8CPR PD 31B, para 9

  4. disclose—the List of Documents contains a disclosure statement that must be signed your client. This certifies that your client has understood and fulfilled its disclosure obligations. If the statement is false the person