Sources and Types of Disclosure Obligation Flashcards
(10 cards)
In which track is disclosure typically limited to filing and serving documents you intend to rely on, 14 days before the hearing?
A) Fast track
B) Small claims track
C) Multi-track
D) Intermediate track
B) Small claims track
Explanation: On the small claims track, CPR 27.4 says parties must only file and serve documents they rely on 14 days before the hearing — limited disclosure compared to other tracks.
When must a disclosure report (Form N263) be filed and served in a multi-track claim?
A) At the time of issue
B) At least 14 days before the first CMC
C) At least 7 days after allocation
D) With the claim form
B) At least 14 days before the first CMC
Explanation: For multi-track cases (other than personal injury), the disclosure report must be filed and served at least 14 days before the first Case Management Conference (CMC) under CPR 31.5.
Which of the following is NOT a possible disclosure order the court can make in the fast track?
A) Dispensing with disclosure
B) Standard disclosure
C) Order for disclosure on an issue-by-issue basis
D) Automatic full disclosure without any control
D) Automatic full disclosure without any control
Explanation: Fast track rules under CPR 28 only allow controlled options — full uncontrolled disclosure would go against the overriding objective.
A multi-track case involves 1,000 electronic documents. The parties have filed disclosure reports. What should happen before the first CMC?
A) Parties must meet and draft a proposed disclosure order
B) Court automatically orders standard disclosure
C) Each party selects only helpful documents to disclose
D) Disclosure is postponed until after witness statements
A) Parties must meet and draft a proposed disclosure order
Explanation: CPR 31.5 requires parties to meet at least 7 days before CMC to agree a proportionate disclosure proposal.
In small claims, what happens if a party does not serve documents 14 days before the hearing?
A) They cannot rely on the document unless the court permits
B) Their claim is automatically struck out
C) The document is automatically disclosed at the hearing
D) No consequence, it is informal
A) They cannot rely on the document unless the court permits
Explanation: Under CPR 27.4, documents not disclosed in time cannot be used without permission from the court.
A party disclosed an original document but realises a copy exists with critical handwritten notes. Must the copy also be disclosed?
A) No, unless ordered by the court
B) Only if it helps the disclosing party
C) No, copies are irrelevant
D) Yes, if the copy contains a modification or marking
D) Yes, if the copy contains a modification or marking
Explanation: CPR 31.9 says copies with alterations must be separately disclosed if they add material information.
What rule governs the continuing obligation to disclose documents after the initial disclosure?
A) CPR 31.5
B) CPR 31.11
C) CPR 27.4
D) CPR 31.22
B) CPR 31.11
Explanation: CPR 31.11 states disclosure is a continuing duty until proceedings conclude — new documents must be disclosed.
At a hearing, a disclosed document is read aloud in open court. What effect does this have?
A) The document can now be used outside the litigation
B) The document remains confidential
C) The party must seek new permission to use it externally
D) The document must be immediately destroyed
A) The document can now be used outside the litigation
Explanation: CPR 31.22 says documents read in open court lose confidentiality protections unless the court orders otherwise.
In multi-track cases, when will the court consider whether disclosure should be done in stages?
A) Never — disclosure must always be complete
B) At the CMC based on disclosure reports
C) After witness evidence is completed
D) After trial only
B) At the CMC based on disclosure reports
Explanation: At the CMC, the court uses the disclosure reports to tailor appropriate, proportionate disclosure orders.
Which of the following would not usually justify the court refusing inspection of a disclosed document?
A) Privilege
B) Disproportionate costs
C) The document is embarrassing to the disclosing party
D) The document is not in the disclosing party’s control
C) The document is embarrassing to the disclosing party
Explanation: Embarrassment is not a valid reason to refuse inspection; only privilege, control issues, or proportionality are recognised grounds.
