Disclosure Flashcards
(32 cards)
Q: What is the purpose of disclosure in civil litigation?
A: Disclosure ensures that all relevant documents, including those adverse to a party’s case, are shared to facilitate fairness and transparency in litigation.
Q: What are the main types of disclosure for different tracks in civil cases?
A:
* Small Claims Track: Limited disclosure, focusing on essential documents.
* Fast Track: Standard disclosure requirements.
* Multi-Track: Tailored disclosure, often more extensive and flexible to accommodate case complexity.
Q: What is the difference between Standard Disclosure and Disclosure Based on Track Allocation?
A: Standard Disclosure is the general rule for Fast Track cases, requiring parties to disclose documents they rely on, documents adversely affecting their case, and those supporting the other side.
Multi-Track cases may require tailored or specific disclosure depending on case needs.
Q: What is Legal Advice Privilege?
A: Legal Advice Privilege protects confidential communications between a lawyer and their client made for the purpose of seeking or providing legal advice.
Q: What is Litigation Privilege?
A: Litigation Privilege protects documents created for the dominant purpose of pending or contemplated litigation, covering communications with third parties as well as between the lawyer and client.
Q: What is the purpose of a Disclosure Report?
A: A Disclosure Report, required in multi-track cases, outlines the documents held, the scope of proposed disclosure, and costs associated, helping to control disclosure’s scale and cost.
Q: When must a disclosure report be filed?
A: A disclosure report must be filed 14 days before the case management conference
Q: When must the parties agreed proposal for disclosure be filed?
A: Not less than 7 days before the first CMC the parties must discuss and seek to agree a proposal for disclosure that meets the overriding objective. Any agreed proposal must be filed at court.
Q: What is an Order for Disclosure?
A: An Order for Disclosure is a court directive compelling a party to disclose specific documents. It may be issued when one party believes the other is withholding relevant information.
Q: What is the Right of Inspection?
A: The Right of Inspection allows parties to examine the disclosed documents of the other party, unless privileged or otherwise restricted by the court.
Q: What are the consequences of non-compliance with disclosure orders?
A: Sanctions for failing to comply include orders limiting or striking out claims, adverse cost orders, or other penalties that the court deems necessar
Q: What is the purpose of a List of Documents?
A: A List of Documents, usually filed in Form N265, is a detailed record of all documents a party is disclosing, categorised by those relied upon, adverse documents, and privileged documents withheld.
Q: What is the duty of a party regarding documents in their control?
A: Each party must disclose documents within their control that are relevant to the case, even if they adversely affect their case or support the opponent’s.
Q: What is Professional Privilege?
A: Professional Privilege is a category of legal privilege, encompassing Legal Advice Privilege and Litigation Privilege, protecting certain communications from disclosure.
Q: What documents are typically protected by Legal Advice Privilege?
A: Confidential communications ONLY between a lawyer and client specifically for seeking or giving legal advice are protected by Legal Advice Privilege.
Q: How is Litigation Privilege different from Legal Advice Privilege?
A: Litigation Privilege covers communications with third parties created for litigation, while Legal Advice Privilege ONLY protects direct lawyer-client communications related to legal advice.
Q: What steps must be taken if a party withholds inspection of certain documents?
A: They must indicate in the List of Documents which documents are withheld and on what grounds, such as privilege or irrelevance.
Q: What is the purpose of an Application for Non-Party Disclosure?
A: It is used to request documents from a third party who is not directly involved in the case but holds relevant evidence.
Q: What is Form N265, and when is it used?
A: Form N265 is the List of Documents form, used to list all documents a party is disclosing in a civil case. It categorises documents by those relied upon, those adverse to the party’s case, and those withheld due to privilege.
Q: What is Precedent H, and when is it required?
A: Precedent H is the Costs Budget form, required in multi-track cases (21 days before CMC or along with directions questionnaire if claim is less than 50k, 7 days before CMC) where parties must outline anticipated costs. It supports costs management by providing a breakdown of expected expenses across different stages of litigation.
Q: What is Precedent R, and what is its role in disclosure?
A: Precedent R is the Budget Discussion Report used in conjunction with costs management. It highlights agreed and disputed costs between parties, submitted before the first Case Management Conference (CMC)- 7 days
Q: What is the duty of ongoing disclosure?
A: Parties must continue disclosing relevant documents that come into their possession after initial disclosure, ensuring transparency throughout the litigation process.
Q: What is an Application for Specific Disclosure?
A: This is a request made to the court to compel a party to disclose certain documents they have not initially provided but are believed to be relevant to the case.
Q: What is a Privilege Log?
A: A Privilege Log is part of the List of Documents, N265, where privileged documents are listed but withheld from inspection. It typically includes a description and the reason for claiming privilege (e.g., legal advice or litigation privilege).
