Orders for disclosure

Question 1

can parties agree disclosure?

Answer 1

Parties may agree disclosure + court will approve if appropriate

Question 2

explain the normal disclosure order on each track

Answer 2

Normal order is for standard disclosure but in non-PI intermediate and multi-track cases the court can pick from the ‘disclosure menu’

Question 3

explain the disclosure menu + possible orders

Answer 3

The court will make a disclosure order with regard to the OO and limiting disclosure to what is necessary to deal with the case swiftly:
o Dispense with disclosure
o Parties disclose documents on which they rely + request specific documents
o Disclosure on an issue-by-issue basis
o Each party discloses any document that could reasonably help their own case, harm another’s case, or lead to further investigation (train of enquiry - rare - often disproportionate + costly)
o Standard disclosure
o Any other order the court considers appropriate