Specific disclosure

Question 1

when can a party apply for specific disclosure?

Answer 1

A party can apply if they believe disclosure was ‘inadequate’

Question 2

what must a party file?

Answer 2

N244 + evidence (must address the order sought)

Question 3

what will the court consider when deciding whether or not to grant the order?

Answer 3

the OO + all circumstances of the case (order usually made if party has failed to comply with disclosure obligations)

Question 4

what order can the court make?

Answer 4

The court can order a party do one or more of the following:
o Disclose documents/classes of documents;
o Carry out a search;
o Disclose documents located from the search

Question 5

give situations when specific disclosure might be appropriate

Answer 5

o Unexplained gaps in chronology of disclosure list
o Inadequate search
o Disagree with limiting search on grounds of proportionality
o Undisclosed documents referred to in SOC