DR Standard Disclosure

Question 1

What are the three questions to ask for standard disclosure?

Answer 1

1. Is it a document?
2. Is it within the party’s control / was it?
3. Does it fit the test for standard disclosure?
   - documents on which they rely
   - documents which adversely affect their own case / another party’s case
   - documents which support another party’s case

Question 2

Court’s involvement in disclosure

Answer 2

• The court can control the disclosure process in accordance with the overriding objective
• The court can order disclosure in relation to different issues in stages
• The court has the power to order disclosure in stages