Electronic disclosure—CPR Practice Direction 31B on e-disclosure
Electronic disclosure—CPR Practice Direction 31B on e-disclosure

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

  • Electronic disclosure—CPR Practice Direction 31B on e-disclosure
  • Applicable rules
  • Purpose
  • Early collaborative approach
  • List of matters to be discussed
  • Issues to consider
  • Guidance on providing e-disclosure
  • Warning
  • Proceedings issued prior to 1 October 2010

Since the implementation of the April 2013 Jackson Reforms, which introduced, among other things:

  1. various new disclosure obligations on parties to non-personal injury multi-track cases

  2. a focus on ensuring litigation is carried out efficiently and at proportionate cost

  3. a spirit of ensuring the parties comply with all relevant rules, practice directions and court orders

a proper understanding and appreciation of e-documents, e-disclosure and your obligations under CPR PD 31B has become all the more important.

For guidance on these aspects of the Jackson Reforms, see Practice Notes:

  1. Disclosure—Jackson Reforms [Archived], Disclosure obligations in multi track claims after April 2013—Jackson reforms and Disclosure ‘menu’ in multi track claims

  2. Case management—Jackson Reforms [Archived]—Overriding objective

  3. Case management—compliance, Relief from sanctions—the courts’ approach and Relief from sanctions—key decisions

Note: This Practice Note does not cover the provisions of the disclosure pilot scheme in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.

Applicable rules

The applicable rules are:

  1. multi-track: CPR PD 31B applies where claims are, or are likely to be, allocated to the multi-track

  2. fast track: the court has a discretion to apply CPR PD 31B to a fast track case

  3. small claims track: CPR 31 does not apply to small claims. These are governed by CPR 27

Unless the court orders otherwise, CPR