Disclosure—the inspection of documents by third parties

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes

Disclosure—the inspection of documents by third parties

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes

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This Practice Note explains the difference between disclosure and inspection and considers when the difference will matter. It reflects different methods of inspecting disclosed documents and asks who is entitled to carry out the inspection. It also refers to the different forms of restrictions that may be imposed by the court on inspection of disclosure. Finally, it addresses the withholding from production of documents in the public interest, either under a public immunity certificate or in a closed material procedure.

The purpose of inspection

Disclosure and inspection are distinct concepts which often run together because, in many cases, the disclosure of a document automatically leads to its being inspected by the other party to the litigation. It is rare to find that a party will disclose a document as being under its control but will object to the inspection of it under CPR 31.3 because it is either:

•
claiming a right or a duty to withhold the inspection of it, under CPR 31.3(1)(b), or
•
asserting in its disclosure statement that in its view it would be

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Jurisdiction(s):

United Kingdom

Key definition:

Disclosure definition

What does Disclosure mean?

Disclosure of a document occurs by a party stating that it exists or has existed.

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