Disclosure—processing the documents
Disclosure—processing the documents

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

  • Disclosure—processing the documents
  • Processing—general principles
  • Filtering
  • Key word searches
  • Context searching
  • Concept searching
  • Clustering
  • De-duplication
  • Predictive coding
  • Metadata and the right format for electronic documents
  • More...

This Practice Note sets out the general principles that apply when processing documents for the purposes of 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 further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

Processing—general principles

Once documents have been obtained from your client, and any other possible sources, you need to determine whether they are disclosable. The extent to which documents are or are not disclosable will largely depend on the court and track in and on which your claim is proceeding and the terms of any disclosure order made by the court. For further guidance, see: Track specific case management—overview and Court-specific case management—overview.

If you have not already done so, consider any obligations under the General Data Protection Regulation, Regulation (EU) 2016/679 (the GDPR), applicable from 25 May 2018. The GDPR introduces substantial amendments to EU and UK data protection law and makes provisions in relation to the processing of personal data and the free movement of such data. Typically, evidence involved in the disclosure process will include personal data. Clients and legal advisors may be data controllers and/or data processors and as such will need to comply with the GDPR. The processing of personal data is permitted

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