Introduction to Disclosure and Inspection Flashcards
What is meant by ‘disclosure’ in civil litigation?
A. The process of providing witness statements
B. Telling the other side a document exists or existed
C. Allowing the other side to look at a document
D. Filing a defence
B. Telling the other side a document exists or existed
Explanation:
Disclosure is about notifying the opponent that certain documents exist. It does not mean they automatically get to see them (that is inspection).
Under standard disclosure, parties must disclose documents that:
A. Only support their own case
B. Are irrelevant but in their possession
C. Are helpful to their case, harmful to their case, or helpful to the opponent
D. Have been destroyed
C. Are helpful to their case, harmful to their case, or helpful to the opponent
Explanation:
Standard disclosure covers both positive and negative documents to ensure fairness and transparency.
What is ‘inspection’ in civil proceedings?
A. Filing a defence statement
B. Serving witness evidence
C. Looking at documents disclosed by the other party
D. Giving evidence at trial
C. Looking at documents disclosed by the other party
Explanation:
Inspection is the physical or digital viewing of documents that have been disclosed.
Party A discloses an email that supports Party B’s case. What is Party B entitled to do?
A. Ignore it unless they ask for it
B. Inspect the email
C. File it with the court
D. Refuse to accept it
B. Inspect the email
Explanation:
Party B has the right to inspect a document disclosed by Party A unless an exception like privilege applies.
A document is disclosed, but the disclosing party claims privilege over it. What is the correct consequence?
A. The opponent can inspect it anyway
B. The court automatically rejects the privilege
C. The opponent cannot inspect it unless privilege is successfully challenged
D. The document must be filed with the defence
C. The opponent cannot inspect it unless privilege is successfully challenged
Explanation:
Disclosure acknowledges the document’s existence, but privilege can block inspection.
In a case, the judge orders disclosure only of documents directly supporting a party’s case. What type of disclosure order is this?
A. Specific disclosure
B. Standard disclosure
C. Limited disclosure
D. Pre-action disclosure
C. Limited disclosure
Explanation:
Limited disclosure narrows the scope to only positive documents rather than including adverse ones.
Party C discovers a helpful email they forgot to disclose during standard disclosure. What must they do?
A. Nothing, since disclosure is complete
B. Immediately update their disclosure list and inform the court and parties
C. Keep the document private unless asked
D. Destroy the document
B. Immediately update their disclosure list and inform the court and parties
Explanation:
Disclosure obligations continue after initial disclosure; updates must be made if new documents are found.
In preparing for trial, a solicitor finds privileged advice emailed by mistake to the opponent. What should the receiving party do?
A. Use it freely
B. Notify the disclosing party and not read further
C. Publish it to the court
D. Ignore it until trial
B. Notify the disclosing party and not read further
Explanation:
Professional conduct rules require the recipient to inform the disclosing party when privileged material is mistakenly shared.
Which of the following is a correct statement about inspection?
A. Parties must disclose privileged documents and allow inspection of them
B. If a document is privileged, disclosure and inspection are both refused
C. Parties disclose privileged documents but can refuse inspection
D. Inspection happens before disclosure
C. Parties disclose privileged documents but can refuse inspection
Explanation:
The document’s existence must be acknowledged (disclosed) but inspection can be refused based on privilege.
What type of order can the court make to require disclosure by someone who is not a party to the case?
A. Specific disclosure order
B. Pre-action disclosure order
C. Norwich Pharmacal Order
D. Non-party disclosure order
D. Non-party disclosure order
Explanation:
Non-party disclosure allows the court to order third parties (not part of the claim) to provide documents necessary for the case
When can pre-action disclosure be ordered?
A. After the trial has concluded
B. Before proceedings start if certain conditions are met
C. Only after disclosure at trial
D. Only if parties agree
B. Before proceedings start if certain conditions are met
Explanation:
Pre-action disclosure can happen if the future claim is certain enough and disclosure would help resolve or clarify issues.
What best describes standard disclosure?
A. Disclose only helpful documents
B. Disclose helpful, harmful, and neutral documents
C. Disclose nothing unless asked
D. Disclose only harmful documents
B. Disclose helpful, harmful, and neutral documents
