Procedure

Question 1

what form does the disclosure take?

Answer 1

Complete form N265 (inc. disclosure statement + list)
o Parties can agree disclosure without a list
o Parties can agree the list takes a different format if e-disclosure

Question 2

what information is included in the disclosure statement?

Answer 2

o Confirm reasonable search carried out
o Documents not searched for
o Details of electronic document search
o Documents withheld from inspection as disproportionate
o Must be signed by party (not legal rep)

Question 3

what are the consequences for making a false disclosure statement?

Answer 3

If a person makes a false disclosure statement without an honest belief in its truth proceedings for contempt of court can be brought

Question 4

what information is included on the disclosure list?

Answer 4

3 categories:
o In control of + do not object to inspection
o In control of + object to inspection (+reasons)
o No longer in control (+what happened i.e. lost, destroyed, original letter sent out)

Documents should be in date order, numbered + precisely defined (can be listed as a category e.g. WhatsApp messages).

Question 5

how should documents be described if withholding on privilege? give example wording

Answer 5

must describe without revealing privilege matters i.e. …they are subject to LAP/LP. These are documents, correspondence, notes, witness statements, legal advice prepared in contemplation of this litigation and/or requesting/giving legal advice