General

Question 1

briefly, what is disclosure?

Answer 1

a party discloses a document by stating it exists or has existed

Question 2

when does a party not have a right to inspection?

Answer 2

A party has the right to inspect a disclosed document, except where:
o The document is no longer in their control
o They have a right to withhold it from inspection

A party is not required to permit inspection of a category/class of document if they consider it would be disproportionate to the issues in the case
o Must state in disclosure statement inspection not permitted as disproportionate

Question 3

what is a ‘document’?

Answer 3

anything in which information of any description is recorded

Question 4

what are the key principles with underpin disclosure?

Answer 4

proportionality + reasonableness

Question 5

what happens if a party fails to disclosure a document?

Answer 5

A party can’t rely on a document they fail to disclose without court permission

Question 6

what is the duty of disclosure and how long does it last?

Answer 6

Duty of disclosure limited to documents:
o Is/was in possession
o Has/had a right to possession
o Had/had a right to inspect or take copies of

Duty to disclose continues until conclusion of proceedings