Disclosure

Disclosure is the term given to the process where parties offer up documents in their control which are material to the issues in dispute. Disclosure is generally governed by Part 31 of the CPR, but the disclosure process particular to your matter will also be affected by:

  1. the track on which your claim is proceeding

  2. the court in which the matter is proceeding

  3. any case management directions, and in particular disclosure orders, made by the court. Any such directions are most usually given at the first case management conference (CMC) but can also be made at other interim stages, most particularly following any disclosure applications such as applications for pre-action disclosure, Norwich Pharmacal orders, specific disclosure, etc.

  4. the type of claim, for example, disclosure and inspection in relation to competition claims is governed by CPR PD 31C

  5. whether the disclosure scheme applies to claims in the Business and Property Courts. See: Disclosure Scheme (Business & Property Courts)—overview

Note: Not all claims proceeding in the Business and Property Courts are subject to the disclosure scheme under CPR PD 57AD—see: Which disclosure

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Actions for unlawful police detention and QOCS protection in mixed claims (ALK and another v The Chief Constable of Surrey Police)

PI & Clinical Negligence analysis: In an appeal heard by Mr Justice Bourne, the High Court held that the arrests of a married couple, both of whom were serving Metropolitan Police officers, by Surrey Police were unlawful. The court found that the arresting officers had not given appropriate consideration to voluntary attendance for interview as a less intrusive alternative under section 24 of the Police and Criminal Evidence Act 1984 (PACE 1984) and Code G. The court stressed that the ‘necessity’ limb in PACE 1984, s 24 is an important constitutional safeguard, following a line of authority that stresses strict adherence to PACE 1984—an officer who gives no real consideration to alternatives runs the ‘plain risk’ of being found to have had no reasonable grounds to believe arrest was necessary. The court therefore allowed the liability appeal. This decision is an important reaffirmation of the strict operational limits on arrest powers. On costs, the court provided useful guidance as to the starting point in mixed personal injury claims, confirming that properly supported PI claims should attract QOCS protection. Bourne J concluded that the claimants’ pleaded and evidenced psychiatric injury claims meant the proceedings could properly be regarded as a personal injury action ‘in the round’ for QOCS purposes, and that the trial judge’s enforcement order permitting 70% of the defendant’s costs should not have been made, under the mixed-claim discretion in CPR 44.16. Written by Connor Wright, barrister, St Philips Chambers.

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