Disclosure—the application for specific disclosure
Disclosure—the application for specific disclosure

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

  • Disclosure—the application for specific disclosure
  • Specific disclosure—timing of the application
  • Early or pre-disclosure specific disclosure applications
  • Specific disclosure applications after disclosure
  • Considerations and practical tips when applying for specific disclosure
  • Specific disclosure—application notice
  • Evidence in support of a specific disclosure application
  • Order for specific disclosure
  • Providing specific disclosure
  • Challenging an order for specific disclosure
  • More...

This Practice Note should be read in conjunction with:

  1. Practice Notes:

    1. Specific disclosure—which provides guidance on what specific disclosure and specific inspection are and the circumstances in which they might be used

    2. Specific disclosure—the courts' approach—which provides guidance on the attitude the courts take (including various divisional courts) to applications under CPR 31.12

  2. Precedents:

    1. Drafting note for application notice for specific disclosure

    2. Drafting note for application notice for specific disclosure—Commercial Court

    3. Witness statement in support of application for specific disclosure

    4. Order for specific disclosure

Specific disclosure—timing of the application

CPR 31.12 does not specify when any application for specific disclosure or specific inspection should be made. As such, an application can generally be made at any time.

However, in deciding when to make any application under CPR 31.12, practitioners should be aware of:

  1. any track-specific provisions which may apply—see Practice Note: Disclosure: specific disclosure

  2. any court-specific provisions which may apply (for example as to whether or not any such application should be listed to be heard at a case management conference (CMC))

  3. the obligation under CPR PD 23A, para 2.7 to make applications 'as soon as it becomes transparent that it is necessary to do so'—see also Banwaitt and Cooper referred to below. Note also, in this regard, that since the implementation of the April 2013 Jackson Reforms, which introduced a more pro-active and robust case and

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