Disclosure

Disclosure is the term given to the process where parties offer up documents in their control which are material to the issues in dispute. Disclosure is generally governed by Part 31 of the CPR, but the disclosure process particular to your matter will also be affected by:

  1. the track on which your claim is proceeding

  2. the court in which the matter is proceeding

  3. any case management directions, and in particular disclosure orders, made by the court. Any such directions are most usually given at the first case management conference (CMC) but can also be made at other interim stages, most particularly following any disclosure applications such as applications for pre-action disclosure, Norwich Pharmacal orders, specific disclosure, etc.

  4. the type of claim, for example, disclosure and inspection in relation to competition claims is governed by CPR PD 31C

  5. whether the disclosure scheme applies to claims in the Business and Property Courts. See: Disclosure Scheme (Business & Property Courts)—overview

Note: Not all claims proceeding in the Business and Property Courts are subject to the disclosure scheme under CPR PD 57AD—see: Which disclosure

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