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GLOSSARY
The specific disclosures will describe the matters being disclosed, but it is likely that they will need to refer to other documents for further detail. These documents will be contained in what was traditionally known as the ‘disclosure bundle’, which will be indexed for the purposes of easy cross reference with the disclosure letter itself. The disclosure bundle will either be in hard copy (as was traditional) or, now more likely, in soft copy format. The parties will need to check and agree which documents are included in the disclosure bundle (each party retaining a copy of the disclosure bundle for future reference following completion as well as a copy of the disclosure letter).
PRACTICE NOTES
This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18, ie obtaining disclosure of documents from a third party or non-party to the proceedings. It explains how to apply for a third party disclosure order, including what to file in the application, the evidence in support and a non-party’s evidence in response to a third party disclosure application. The courts’ approach to such applications, the costs of the application and the costs of complying with a non-party disclosure order are also covered. You should also consider if the proceedings are subject to the disclosure scheme operating in the Business and Property Courts. For general guidance on this, see: Disclosure Scheme (Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart? How to obtain documents from third parties There may be instances when you know or suspect that a person or entity that is not or will not become a party to proceedings (a 'third party') has documents in its possession that may be relevant to your client's case. There
GLOSSARY
In order to retain profits made by the promoter or defeat a claim for rescission or damages, the promoter must make a full disclosure to the company of his interest in the transaction, the nature of his interest and all other material facts relevant to the transaction.
CHECKLISTS
This Checklist identifies issues relating to disclosure to consider once proceedings have been issued, before the first case management conference (CMC), at the CMC, disclosure and inspection and throughout proceedings. It includes guidance to help conduct and manage the disclosure exercise effectively and cost efficiently post proceedings under CPR 31. It does not refer to the Disclosure Scheme in operation in the Business and Property Courts. For further guidance on this, see: Disclosure Scheme (Business & Property Courts)—overview. This Checklist is intended to provide a starting point for disclosure issues you may need to consider once proceedings have been issued. For a high-level consideration of how to run the disclosure process efficiently, see Practice Note: How to comply with the disclosure process efficiently. The timing of various actions below are only suggestions and the process of disclosure should be kept under review throughout a case. Disclosure considerations after proceedings have been issued Action Comment and guidance Consider if the case is likely to be allocated to the fast track and was commenced
GLOSSARY
Defined in CPR PD 31B para 5(2) as data relating to disclosed documents, including for example the type of document, the date of the document, the names of the author or sender and the recipient, and the party disclosing the document
NEWS
Restructuring & Insolvency analysis: There are many cautionary tales about the consequences that can befall a party for being careless in their conduct of disclosure or, worse, failing to comply with court orders. Few among them concern the conduct of an insolvency practitioner, acting as a liquidator and an officer of the court. Even fewer concern the serious allegation that the liquidator was deliberate in his failings so as to avoid the disclosure of documents adverse to his case. Written by Alexander Farara, barrister of New Square Chambers.
PRACTICE NOTES
This Practice Note provides an introduction for construction practitioners to the disclosure process in the context of an arbitration, comparing it with disclosure in litigation and looking at the various procedural rules. It also sets out some practical considerations regarding disclosure in arbitration. For further guidance on disclosure in an arbitration generally, see subtopics: AA 1996—evidence in arbitration—England and Wales and Evidence in international arbitration—overview. What is disclosure and why is it an issue in construction arbitrations? The construction industry is notorious for producing huge amounts of documentary evidence. The industry is also heavily reliant on technology for communication, planning and management in advance of and during the construction of the project, with significant amounts of documentation sent and stored in electronic form (electronically stored information (ESI)). This includes, for example, contracts executed electronically, programmes and communications within on-line platforms such as within Microsoft Teams or other messaging applications. Distilling the necessary evidence from what may be millions of electronic documents and terabytes of information, is especially important in construction disputes due to the complexity, scale
PRACTICE NOTES
STOP PRESS: The Technology and Construction Court Guide (Fourth Edition 2026) was published on 1 July 2026, following extensive consultation. The guide includes a range of updates to the previous version (October 2022). It includes re-written guidance on procurement cases taking account of the Procurement Act 2023 (Appendix H: TCC Guidance Note on Procedures for Public Procurement Cases). We are reviewing this content accordingly. For background reading, see: CTJ publishes updated Technology and Construction Court Guide, LNB News 01/07/2026 30. This practical guidance relates to the Procurement Act 2023 regime This practical guidance focusses on public procurement under the Procurement Act 2023 (PA 2023). New in-scope procurements must be carried out under PA 2023. Procurements started before PA 2023 came into force (on 24 February 2025) remain governed by the previous legislation (the Public Contracts Regulations 2015, SI 2015/102, the Utilities Contracts Regulations 2016, SI 2016/274, the Concession Contracts Regulations 2016, SI 2016/273, and the Defence and Security Public Contracts Regulations 2011, SI 2011/1848). This Practice Note is intended
PRACTICE NOTES
This practical guidance relates to the pre-Procurement Act 2023 regime This Practice Note contains guidance relevant to public procurement exercises commenced before the Procurement Act 2023 (PA 2023) came into force on 24 February 2025. In-scope procurements begun on or after this date are governed by PA 2023. Under the transitional and savings provisions for PA 2023, the previous public procurement regimes continue to apply to the extent necessary to allow contracting authorities to complete and manage procurements commenced before PA 2023 came into force (ie ongoing procurements). This Practice Note should be read in that context. For background reading, see Practice Note: Introduction to the Procurement Act 2023—PA 2023. Further practical guidance on PA 2023 is set out in a separate subtopic, see: Procurement Act 2023—overview. This includes the following Practice Note: Disclosure in connection with procurement challenges—PA 2023. Aspects of disclosure in public procurement There are a number of aspects to disclosure in public procurement. This Practice Note covers disclosure in connection with procurement challenge proceedings,
PRACTICE NOTES
This Practice Note outlines the employment tribunal’s powers under Rule 33 of the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155 to order the disclosure of documents and information. It considers the interaction with the Civil Procedure Rules (CPR) and addresses the meaning and scope of disclosure and inspection, the applicable test for disclosure, the overriding objective and proportionality. It also covers standard and specific disclosure, confidentiality, public interest immunity, oppressive disclosure, medical reports, and legal professional privilege (including legal advice privilege, litigation privilege, the iniquity exception and waiver). The Note further examines procedural requirements, including disclosure statements, pre-action disclosure, and disclosure by non-parties, together with restrictions on the use of disclosed material. It concludes with consideration of the role of artificial intelligence (AI) in the disclosure process. Documents of one kind or another will form a significant part of the evidence in many employment tribunal cases. There is need for fair disclosure of them in the interests of justice. Many relevant documents will be in the possession of one party; for example, medical
PRECEDENTS
This Precedent provides general information about disclosure in employment tribunal proceedings. Your employment lawyer will be able to provide specific advice based on your circumstances. Disclosure of documents—general principles Documents of one kind or another will usually form a significant part of the evidence in an employment tribunal case. There is need for fair disclosure of them in the interests of justice. Disclosure describes the process by which relevant and necessary documents are shown to the other party as part of preparing for the hearing. This is to avoid unfairness which arises from one-sided access to documents by ambushing the other with late disclosure, cherry picking or covering up harmful documents. The employment tribunal has the power to order disclosure of documents under its general case management powers, either on its own initiative or on application by a party. Disclosure of documents is commonly included in the standard directions issued by tribunals on the commencement of a case (also called automatic directions) and in orders that the tribunal may make following a case management discussion at a preliminary
PRACTICE NOTES
Introduction This Practice Note sets out the disclosure requirements for claims allocated to the fast track, including the rules and guidance applicable where the claim form was issued on or after 1 October 2023 (excluding personal injury and clinical negligence cases where different timing rules apply). For general guidance on disclosure, see: Disclosure—overview. Note: This Practice Note does not intend to cover the claims that are subject to the Disclosure Scheme in the Business and Property Courts. For more guidance on the disclosure scheme, see: Disclosure Scheme (Business & Property Courts)—overview. For general guidance on the disclosure process in relation to the other tracks, see Practice Notes: • Disclosure in the small claims track • Disclosure in intermediate track cases • Disclosure in multi-track cases The scope of a fast track claim The fast track was designed to provide a streamlined procedure for managing and bringing lower value claims above the small claims limit, to trial in the county court. The aim is to keep