Disclosure & inspection

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). The default order in multi-track (and the usual menu option). A party must disclose: (a) documents he relies on; (b) documents that adversely affect his own case, adversely affect another party's case, or support another party's case. Note: there is no duty to disclose documents that merely support your own case beyond those you rely on — the test is "adverse / support another / rely on."

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. Standard disclosure runs under Part 31 (default for fast/intermediate/multi-track). The Disclosure Pilot is now permanent as PD 57AD but applies to the Business and Property Courts only — not ordinary multi-track claims. Know which regime governs.

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 ≠ all multi-track; it is B&PC only.
• Standard disclosure does NOT mean "everything relevant" — adverse/support-other/rely-on only.
• Disclosure can be ordered before proceedings (CPR 31.16) and against non-parties (CPR 31.17).

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