Disclosure—solicitors' obligations
Disclosure—solicitors' obligations

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

  • Disclosure—solicitors' obligations
  • Obligations
  • Preservation of documents
  • Full disclosure
  • Co-operating with the other side
  • Failure to comply

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.

Obligations

Throughout the disclosure process you have obligations to your client, to the court and in accordance with other relevant provisions. These include, but are not limited to:

  1. advising your client of the need to preserve documents—see further below

  2. ensuring your client complies with all relevant and applicable provisions and makes compliant disclosure—see further below

  3. co-operating with the other side, specifically in relation to e-disclosure and/or where the claim is proceeding on the multi-track and does not involve a claim for personal injury—see further below

  4. considering 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 under the GDPR where there