FLK1 · Dispute Resolution

Disclosure & inspection

SQE1 revision notes — the key rules, leading cases and common traps for this topic, in plain English and current to 2026.

DR.07 — Disclosure & Inspection

What disclosure means. Disclosure = stating that a document exists or has existed (CPR 31.2). Inspection = the right to actually look at / copy it. Disclosing a document is not the same as letting the other side read it.

Standard disclosure (CPR 31.6). This is one possible order, not the automatic multi-track default. It covers documents relied on, documents adverse to either party or supportive of another party, and documents required by a relevant practice direction. Supporting your own case alone is not enough.

The duty to search (CPR 31.7). A reasonable search; reasonableness depends on the number of documents, complexity, ease/expense of retrieval, and significance. Continuing duty until proceedings end (CPR 31.11) — disclose later-found documents.

"Document" and "control." "Document" = anything in which information is recorded (CPR 31.4) — emails, texts, metadata, voicemails, not just paper. You disclose documents in your "control": physical possession, a right to possession, or a right to inspect/copy (CPR 31.8). Includes documents no longer held.

The disclosure regime. CPR 31.5(2)-(8) supplies a menu for intermediate and multi-track claims excluding personal-injury claims, unless the court orders otherwise. Standard disclosure is one option. Part 31 does not apply to small claims. In the Business and Property Courts, check PD 57AD and its express exclusions; do not assume either regime applies solely from the track label.

Disclosure statement. Served with the list (Form N265): certifies the extent of the search and that the disclosing party understands the duty. Signed personally.

Withholding inspection. A party may state a right/duty to withhold inspection (CPR 31.19) — chiefly privilege: legal advice privilege, litigation privilege, without-prejudice. Also disproportionality (31.3(2)) and public interest immunity.

Specific disclosure (CPR 31.12). Court can order a specific document/class, or a wider search, where standard disclosure was inadequate.

Common traps:

  • Privilege is claimed, not automatic — the document is still disclosed (listed); only inspection is refused.
  • PD 57AD applies in the Business and Property Courts, not the County Court. It does not apply to every B&PC claim: paragraph 1.4 excludes competition, public procurement, IPEC, Admiralty, Shorter and Flexible Trials, fixed- or capped-costs proceedings and Part 8 claims, unless otherwise ordered.
  • Standard disclosure is NOT every relevant document: apply all three limbs of CPR 31.6, including relevant practice-direction requirements.
  • Disclosure can be ordered before proceedings (CPR 31.16) and against non-parties (CPR 31.17).

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A supplier delivers machinery to a manufacturer under a simple contract, not a deed. On 3 March 2024, its defective machinery causes a fire that seriously burns an adult factory worker and damages the factory. That day the worker knows the burns are serious, that they resulted from the supplier's defective machinery and who the supplier is. He proposes a negligence claim against the supplier for his injuries. The manufacturer proposes a contract claim against the supplier for the factory damage; the contractual breach also occurred on 3 March 2024. Neither claimant is under a disability, and there is no later date of knowledge or concealed fact to consider. Which best states the applicable primary limitation periods, leaving aside any discretionary extension?

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More Dispute Resolution topics

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Independent SQE1 revision notes for study — not legal advice; check primary sources before relying on any point. Exam rules are set by the SRA; see the official SQE site.

Disclosure & inspection — SQE1 revision notes (FLK1) | Lawdojo