This website uses cookies to ensure you get the best experience on our website. Learn more

LPC Law Notes Civil Litigation Notes

Disclosure Notes

Updated Disclosure Notes

Civil Litigation Notes

Civil Litigation

Approximately 418 pages

A collection of the best LPC Civil Litigation notes the director of Oxbridge Notes (an Oxford law graduate) could find after combing through dozens of LPC samples from outstanding students with the highest results in England and carefully evaluating each on accuracy, formatting, logical structure, spelling/grammar, conciseness and "wow-factor".

In short these are what we believe to be the strongest set of Civil Lit notes available in the UK this year. This collection of notes is fully updated ...

Available here

The following is a more accessible 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:

(Civil Lit Chap. 11 p. 163)

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.)

(“Rule 31.6 Document”) UnderCPR r.31.6: a party must disclose on Form N265only:

  1. Documents on which he relies (e.g. all statements of case); and

  2. The documents which:

    1. Adversely affect his own case;

    2. Adversely affect another party’s case; or

    3. Support another party’s case; and

  3. 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)

Limitation of Disclosure

p. 167

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)

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.

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”:

    • Nature of the documents involved

    • Location of the documents and ease and expense of retrieving them

    • Nature and complexity of the proceedings

    • 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:

  1. they should be managed efficiently in order to minimise the cost;

  2. technology should be used in order to ensure efficiency;

  3. disclosure should be given in a manner which effects the overriding objective;

  4. made available for inspection in a form which allows the party receiving the docs the same ability to access, search, review & display the docs as the party giving disclosure; &

  5. disclosure which has no relevance to the proceedings may place an excessive burden in time and cost on the party to whom disclosure is given.

Disclosure Statement

p. 170

Specimen of N265p. 414

CPR r.31.10(5): the disclosing party must make a signed statementon Form N265that:

  1. sets out the extent of the search to locate the documents

  2. certifying that he understands the duty to disclose documents

  3. certifying that he has, to the best of his knowledge, carried out that duty

If a false statement is provided under Form N265= contempt of court

T&F NoteSignatures on page 170of Civil Lit

The Right of Inspection

p. 169

CPR r.31.3(1): party disclosed to has a right to inspect the disclosed documents except:

  1. the document is no longer in the control of the disclosing party;

  2. the disclosing party has a right to withhold inspection; or

  3. disproportionate to the issues in the case to permit inspection (r.31.3(2))

Noticeto inspect (r.31.15)

  • Party wanting to inspect must give written notice to the other side

  • Disclosing party must permit inspection within 7 days of receipt of notice

Failure to Disclose

p. 176

Defective/ unsatisfactory disclosure?

  • If opponent gave defective disclosure, ask them to correct the problem,

  • No corrections = apply to court for Specific Disclosure CPR 31.12(1)/ CPR 31.19(5)

  • Failed to disclose?:

CPR r.31.21: where a party fails to disclose or allow inspection of a document:

  • He may not rely on that document in court without prior court permission

  • His case may be struck out (if the document is adverse to his case)

  • Failure to disclose properly may carry financial penalty (Earles v Barclays Bank [2009])
Example “Part 31.6 document as it records information the client intends to rely on/adverse to his case/supports the opponent’s case by…” “not a 31.6 document as it doesn’t record info client intends to rely on/adverse to his case/support another. Not material to…”

Completing Form N265 for Disclosure& Scrutinising Opponent’s N265

Civil Lit p. 175,Specimen of N265on p. 414 and Template on p 357

Scrutinising

  1. Check disclosure statement and see if limitations are reasonable& within whatever was agreed.

  2. Check Parts 1,2 and 3 (Do you need to see the originals? e.g. you notice stapler marks = doc was attached

  3. See separate green tab on ‘scrutinise’

  4. Misuse of Documents = Contempt of Court = Prosecution
Part Contents How to Fill in Check

Part 1 Doc

p. 175

List of documents which are open to inspection and not privileged.

Photocopies v Originals?

PD31A para 3.2:

  • List documents in date order

  • Number them

  • Give a concise description

  • E.g. “email from D to C dated 4 October 2000”

  • E.g. “bundle of plans, estimates, receipts for the project, dated in 2011”

Is there something that you would expect to see, but it’s not there?

  • Omitted/missing docs? Why?

  • Unexpected docs? Why?

Part 2 Doc

p. 176

...

Buy the full version of these notes or essay plans and more in our Civil Litigation Notes.

More Civil Litigation Samples