Disclosure—parties' duties

The following Dispute Resolution practice 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 with disclosure obligations
  • Can a case be struck out if a party fails to comply with its disclosure obligations?
  • What happens if there are significant issues with a party’s disclosure?
  • What happens if a party is late with its disclosure?
  • What happens if a party’s list of documents is deficient?
  • What if a party makes a positive decision not to disclose a document?
  • More...

Disclosure—parties' duties

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 and below.

Note: this Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts under CPR PD 51U. For guidance, see: Disclosure pilot scheme—overview.

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 documents

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

  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-disclosure

  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

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