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!

Disclosure
CPR 31
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

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"Documents" means anything in which information of any description is recorded"

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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

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Physical possession

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Right of possession

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Right to inspect or take copies of (e.g. medical records) Standard Disclosure - CPR 31.6 - where there is an obligation to disclose 1

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