Q&As

What are the options for claimant where the defendant has failed to disclose any documents as ordered by the court?

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Published on LexisPSL on 26/09/2017

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • What are the options for claimant where the defendant has failed to disclose any documents as ordered by the court?
  • Court’s approach
  • Disclosure
  • Unless Order
  • Strike out Order

Court’s approach

It is the court’s intention to keep the time and cost of litigating to a minimum and the court is now taking a more pro-active approach to case management compliance and relief from sanctions, taking into consideration the April 2013 Jackson Reforms. As such, there are several different avenues open to the claimant to seek the defendant’s compliance with a disclosure order or to ultimately seek to prevent the defendant from defending the claim eg through an unless order or a conditional order for full strike out of the defence. For further guidance on the effects of non-compliance, see Practice Note: Case management—compliance.

Disclosure

Under CPR 31.21, a party who fails to disclose or permit inspection of a document may not rely on that document without the court's permission to do so.

A failure to comply with disclosure obligations may, particularly where there is no evidence to rely on in support of the claim prompt an application from an opponent, here the claimant, for strike out, summary judgment and/or for an unless order. For further information on disclosure, see Practice Note: Disclosure—introduction.

For guidance on failing to comply with disclosure obligations, see in particular the section: Failure to comply with disclosure obligations—Rule 31.21 and Practice Notes: Striking out and unless orders, Strike out—making the application, Summary judgment applications—what, who and when, and Summary judgment applications—what, who and

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