Q&As

When disclosing documents, a series of photos have been included of historical documents, such as of winding-up petition documents. The other party receiving the documents has asked to know the source of the photos. Is the party obliged to tell the receiving party the source of the photos?

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Published on LexisPSL on 19/04/2018

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

  • When disclosing documents, a series of photos have been included of historical documents, such as of winding-up petition documents. The other party receiving the documents has asked to know the source of the photos. Is the party obliged to tell the receiving party the source of the photos?
  • General requirements regarding disclosure
  • Defamation claims—revealing sources
  • CPR 18—requests for further information

General requirements regarding disclosure

A party and their legal representatives’ disclosure obligations are set out in CPR 31 and its related Practice Directions, detailed practical guidance on which is set out in our subtopic: Disclosure (see: Disclosure—overview).

We draw your attention to the need to comply with your and your client’s obligations throughout and also in producing the disclosure list, on which see Practice Note: Disclosure—preparing the list of documents.

Note the standard form list is Form N265. Having reviewed that form there is no indication within it that a party is required to identify how a document came to be in their client’s control, although there is the requirement to identify the extent of the searches undertaken and to confirm that such searches are considered to be reasonable. A party may be challenged if they have no adequately identified the scope of the sea

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