Disclosure—preparing the list of documents

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

  • Disclosure—preparing the list of documents
  • Rules and forms
  • Business and Property Court claims
  • Which form should I use as my disclosure list?
  • Why is the disclosure list important?
  • Impact of electronic documents on preparations
  • Content of the list of documents
  • Documents your client has and does not object to the other parties inspecting
  • Documents your client has but objects to the other parties inspecting
  • Documents your client had but which are no longer under its control
  • More...

Disclosure—preparing the list of documents

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 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.

Rules and forms

Disclosure is the process by which parties offer-up documents in their control which are material to the issues in dispute. For a general introduction to disclosure under CPR 31, see Practice Note: Disclosure—introduction, and for guidance on standard disclosure and electronic disclosure, see Practice Notes: Disclosure—standard disclosure and the reasonable search and Electronic disclosure—CPR Practice Direction 31B on e-disclosure.

This Practice Note identifies the rules applicable to and the forms needed to prepare a list of documents for standard disclosure under CPR 31.10, CPR PD 31A and CPR PD 31B. Guidance is given on the relevance, importance and contents of Form N265 including

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