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Disclosure Notes

LPC Law Notes > Civil Litigation Notes

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Disclosure(Governed by CPR Part 31) Standard Disclosure p. 164 (SD is to Prepare&serve on other party a list of docs which are relevant to the case (Form N265)regardingdisputed/not admittedissues which whether ?
support or affect his case. On receipt of the list, a party can view ?
(inspect) some of the docs.)

Limitation of Disclosure p. 167

The Duty to Search p. 168 (When doing reasonable Doc search ask: Who r the key people involved with the disputed issues?
wherer the documents involved with the disputed issues (pc's, cd's, files)?
When did the events happen narrow down &
identify the period?
What documents are relevant? narrow down your search.

(Civil Lit Chap. 11 p. 163) ("Rule 31.6 Document") UnderCPR r.31.6: a party must disclose on Form N265only: (a) Documents on which he relies (e.g. all statements of case); and (b) The documents which: i. Adversely affect his own case; ii. Adversely affect another party's case; or iii. Support another party's case; and (c) The documents which he is required to disclose by a relevant Practice Direction

r31.2definesdiscl as "a party discloses a Doc by stating that the Doc exists or has existed". r.31.4defines"Document" is anything in/on which information of any kind is recorded r.31.11 Disclosure is aContinuing obligation: up until the proceedings are concluded You disclose all Docs, but that does not mean that all Docs can be Inspected (Privilege) CPR r.31.8: disclosure is limited to the documents:
? That are or were in his physical possession; or
? He has or has had a right to possession of it; or
? He has or has had a right to inspect or take copies of it CPR r.31.9: a party need not disclose more than one copy of a document unless the copy:
? contains a modification, obliteration or other marking on which it intends to rely or
? supports the other party's case, adversely affects his own or another's case. (applies to handwritten notes on the margins of a document) CPR r.31.7: a party must make a reasonable andproportionatesearch for all the documents that could fall within the definition (i.e. could adversely affect his own or another party's case):
? T&F NoteIf a party has limited his search to specific dates, places categories or keywords (as permitted by PD 31 para 2), this must be stated in the disclosure statement
? Factors to consider for "reasonable" and "proportionate": o Nature of the documents involved o Location of the documents and ease and expense of retrieving them o Nature and complexity of the proceedings o How significant the documents are. Disclosure of Electronic Documents (PD31B)(E-documents: voicemail, flash-drives, servers, data, etc) PD31B para 6: factors to consider when searching for electronic documents:

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