A more recent version of these Disclosure & Inspection notes – written by Cambridge And Oxilp And College Of Law students – is available here.
The following is a more accessble plain text extract of the PDF sample above, taken from our Civil Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
Core Module: Civil Litigation
Civil Litigation ELEVEN: Disclosure and Inspection EXAM answer on disclosure:
1. Does the document fall within the ambit of CPR 31.6 standard disclosure? (I.e. will it go into you list of documents? - explain why! [e.g. It supports / adversely effects claimant's case / Defendant' case/ both cases]
2. Is it subject to inspection? (i.e. is it privileged)
3. Which part of the list of documents should you therefore put the documents - 1, 2 or 3. EXPLAIN WHY!
PD 31 CPR 31.2: A party discloses a document by stating that the document exists or has existed. 2 Stage process: (1) Disclosure: search and exchange documents that have an impact on the issues in dispute. A prescribed list is used - Form N265 (2) Inspection: CPR 31.3 - the party receiving the N265 list has the right to look at the contents of the documents where no privilege is claimed.
1. Disclosure: Meaning of documents - CPR 31.4
"Documents" means anything in which information of any description is recorded"
This is a very wide definition - includes any electronic storage - texts, emails etc. Duty to disclose is limited to documents under the party's control - CPR 31.8
Right of possession
Right to inspect or take copies of (e.g. medical records) Standard Disclosure - CPR 31.6 - where there is an obligation to disclose 1
Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.