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Disclosure - An Overview

Written by Michael Coyle on 31 October 2012

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Under CPR 31.2 - a party discloses a document by saying it exists or has existed. A document is anything on which information of any description is recorded.

In Ashwood Hospital v MGN [2002] it was held that standard disclosure this includes relevant docs (ie background docs which paint a picture) and train of enquiry documents.

Under CPR 31.8 you must disclose docs limited to those in your control (or which have been in your control), documents which you are deemed to have, or have had control of are documents which you were in physical possession of or had right to possession of, or had right to inspect or take copies of it.

Under CPR 31.6 definition of standard disclosure is that a party must disclose:

1. Documents on which the party relies,

2. Documents which:

i. adversely affect the parties case,

ii. adversely affect another parties case,

iii. support another parties case

3. the docs which that party must disclose by a relevant practice direction.

 A Solicitor must tell their client:

1. That they have an obligation to disclose the above documents till the end of trial under CPR 31.11 (must disclose to rely)

2. Not to destroy documents

3. To refrain from bringing in documents to their control as they will need to be disclosed.

4. What a doc is... text message, emails etc

5. That they must conduct a reasonable search for documents within their control under CPR 31.7.

6. what a reasonable search is. i.e. what is proportionate.

7. To search for docs adverse to case

If you'd like to know more about this article please send an email to Martin O'Brien quoting the article title and any questions you might have, alternatively call the office number on 02380 235 979 or send an enquiry through our contact form.

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