Disclosure—standard disclosure and the reasonable search

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

  • Disclosure—standard disclosure and the reasonable search
  • Business and Property Court claims
  • What is standard disclosure?
  • What is a ‘relevant’ document for standard disclosure?
  • Train of enquiry
  • What is a ‘reasonable’ search for standard disclosure?
  • Electronic Documents
  • Problem areas with electronic documents
  • Control

Disclosure—standard disclosure and the reasonable search

This Practice Note provides guidance on conducting a reasonable search for standard disclosure under CPR 31.7. It answers the following key questions on disclosure under the rules: ‘What is standard disclosure?’, ‘What is a document?’ and ‘What is a reasonable search?’ in terms of meaning, relevance, reasonableness and control by reference to the overriding principles. This Practice Note ought to be read in conjunction with Practice Note: Disclosure—practical tips on conducting a reasonable search (standard disclosure).

Business and Property Court claims

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.

Claims started on or after 1 October 2015 in the Business and Property Courts may be suitable for and/or be subject to one or both of the schemes operating under CPR PD 57AB, namely the shorter trials scheme and/or the flexible trials scheme. For more information on these schemes in the context of disclosure, see Practice Notes: Business and Property Courts—shorter trials scheme—Disclosure under the shorter trials scheme and Business and Property Courts—flexible trials scheme—Disclosure under the flexible trials scheme.

What is standard disclosure?

Standard disclosure requires your client to conduct a reasonable search and to disclose the documents which:

  1. it

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