Disclosure—preparing the list of documents
Disclosure—preparing the list of documents

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

  • Disclosure—preparing the list of documents
  • Rules and forms
  • Why is the disclosure list important?
  • Impact of electronic documents on preparations
  • Contents of 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
  • Compliance with Rule 31.10
  • Disclosure statement
  • more

The UK has voted to leave the EU and this will take place on exit day as defined in section 20 of the European Union (Withdrawal) Act 2018. This has implications for practitioners when dealing with disclosure. The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019, SI 2019/521, which will come into force on exit day, provide that references to CPR 78 will be omitted from CPR 31 and, in relation to a mediation to which the Cross-Border Mediation (EU Directive) Regulations 2011, SI 2011/1133 applied before exit day, CPR 31.3 continues to apply on and after exit day as if the amendments to that rule made by the regulations had not been made. For information about the changes, including any related practice direction changes set out in the 107th practice direction update, see Practice Note: Brexit—CPR changes—Part 31—Disclosure and inspection and Brexit—CPR changes—Part 78—European procedures.

Rules and forms

The applicable rules for the list of documents are CPR 31.10 and CPR PD 31A, paras 3–4 and CPR PD 31B, para 30. See Practice Notes: Disclosure—introduction, Disclosure—standard disclosure and the reasonable search and Electronic disclosure—CPR Practice Direction 31B on e-disclosure.

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