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Disclosure Notes

LPC Law Notes > Civil Ligitation Notes

This is an extract of our Disclosure document, which we sell as part of our Civil Ligitation Notes collection written by the top tier of Cambridge And Oxilp And College Of Law students.

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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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