Disclosure—practical tips on conducting a reasonable search (standard disclosure)
Disclosure—practical tips on conducting a reasonable search (standard disclosure)

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

  • Disclosure—practical tips on conducting a reasonable search (standard disclosure)
  • General
  • Cost-Shifting

This Practice Note ought to be read in conjunction with Practice Notes:

  1. Disclosure—introduction — Conducting the disclosure exercise—practical tips

  2. Disclosure—standard disclosure and the reasonable search

  3. Disclosure—processing the documents

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.

General

Disclosure can be a daunting task. The following provide tips to try and make the process more manageable:

  1. start early: you should try and start the disclosure process as early as possible. The benefit of doing this is to allow proper collation and review of all the information available. It should also ensure that you will have sufficient time available if you need to find a solution or agree a strategy in relation to a category of electronic document you think will be difficult to access and impact upon what is considered a 'reasonable search'. See Practice Note: Disclosure—standard disclosure and the reasonable search and Disclosure under CPR 31—pre-action considerations—checklist

  2. non-PI multi-track cases: ensure you are familiar with and comply with the provisions at CPR 31.5. Note: where appropriate, you may wish to take steps to request the provisions in CPR 31.5 ought not to apply.