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LPC Exam Notes - Dispute Resolution Workshop 9 (University of Law) $3.88
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LPC Exam Notes - Dispute Resolution Workshop 9 (University of Law)

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  • Course
  • Dispute Resolution
  • Institution
  • University Of Law (ULaw)
  • Book
  • Civil Litigation

Complete notes covering Workshop 9 of the University of Law's Dispute Resolution Module. - Disclosure and Inspection - The Disclosure List (N265) - Professional Conduct Issues

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Document information

  • November 12, 2020
  • 9
  • 2020/2021
  • Exam (elaborations)
  • Answers

Subjects

  • lpc
  • dispute
  • resolution

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  • University of Law (ULaw)
  • Legal Practice Course
  • Dispute Resolution
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DR WS 9
Disclosure and Inspection
An Overview of Disclosure

Disclosure is the process of providing your opponent with a list of relevant documents.
It is not inspection - this is a separate process where your opponent has a right to actually see certain disclosable
documents.

 You are listing the documents, in your control, that could be relevant to your case – whether to your advantage or not
 The other party then has the choice to select which documents they wish to view
 Often the list you create will have identical documents the other party has e.g. an exchange of letters between the
parties’ solicitors – they will therefore not ask you to view these documents.
 Main purpose: of the disclosure and inspection stage is to enable the parties to better evaluate the strengths of their
opponent’s case in advance of the trial.

Disclosure Report
 A disclosure report is essentially a document which summarises the documents to be
disclosed in a particular case, where these are located, and provides estimates of the
likely costs involved in giving standard disclosure.
o It is verified by a statement of truth. (CPR 31.5(3))
 It is made in Form N265.
 For Multi-Track cases, CPR 31.5(3) requires all parties to file and serve a disclosure
report not less than 14 days before the first Case Management Conference.

Consequences of a CPR 31.21: Where a party fails to disclose or allow inspection of a document:
failure to disclose  Unable to rely on the document:
o You may not rely on that document at trial unless the court permits this.
 Case may be struck out:
o A party who fails to disclose a document that harms/is adverse to his case in response to
an order for specific disclosure may find that his case is struck out.
 Contempt of Court
o Signing a false disclosure report failing to make full disclosure is also in contempt of
court (CPR 31.23)
 Costs Penalties

Subsequent use of Party may only use documents disclosed for the purposes of the case in which it has been disclosed
disclosed documents unless:
 Document has been read or referred to during public hearing (e.g. at trial); or
 Court grants permission; or
 Party who disclosed document and person to whom document belongs consents

Non-party disclosure Once proceedings have commended, a party can apply for disclosure to a non-party to enable them
to resolve issues in the case.
 This is used where the party has indicated a document is no longer in his possession (Part 3
of list).
 If the person who now has the document will not hand it over voluntary, the opposing
party who wants to see it can apply for an order for non-party disclosure under CPR31.17.
 This application has to be supported by evidence and will only be granted if:
 The documents in question are likely to support the applicant’s case or adversely
affect another party’s case; or
 Disclosure is necessary either to save costs or to dispose fairly of the case

Pre-action disclosure Where party does not know whether or not to issue proceedings without more info – they can apply
against the intended defendant for pre-action disclosure under CPR 31.16.


In the exam, you are expected to analyse documents but ALSO to identify from Statements of Case which
documents should be INCLUDED.

1

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