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Disclosure of documents


Lawdit Solicitors - Expert Author

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23 January 2012

CPR 31.2 states that: "A party discloses a document by stating that the document exists or has existed."

The underlying principle of disclosure is litigation in England and Wales is conducted with cards face up resulting in many disputes being settled either shortly before or shortly after disclosure.

Disclosing a document does not mean actually giving that document to the other side.

The duty of disclosure is strict, and the courts take it very seriously.

A 'document' includes all media in which information of any description is recorded for example tapes, computer records and emails, as well as paper documents.

Each party is under an obligation to reasonably search for documents which have been under their control.

'Control' includes documents which you have, or previously had, in your possession and documents which you have, or had, the legal right to possess, inspect or copy.

The underlying principle of a reasonable search is proportionality and usually depends on (1) the number of documents; (2) the nature and complexity of the proceedings; (3) ease and expense of retrieval of documents; and (4) the significance of the documents.

Your opposition may not see certain types of your documents called privileged documents which include communications passing between you and your legal advisors and without prejudice privilege documents.

Disclosed documents then need to be described in one of the three sections:

(1) Relevant documents which you currently have, and which the Defendant may inspect.

(2) Relevant documents which you currently have, but which the Defendant may not inspect, for example, privileged documents.

(3) Relevant documents which you have had but no longer have.

About the Author

Lawdit Solicitors offer services and advice for litigation, commercial contracts, Intellectual Property and IT legal agreements. We are experts in commercial law with a heavy emphasis on Intellectual Property, Internet and e-commerce law. Lawdit is a member of the International Trademark Association, the Solicitors' Association of Higher Court Advocates and we are the appointed Solicitors to the largest webdesign association in the world, the United Kingdom Website Designers Association.

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Article Published/Sorted/Amended on Scopulus 2012-02-14 06:55:42 in Legal Articles

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