Standard Disclosure

Question 1

Under CPR 31.6, standard disclosure requires a party to disclose which of the following documents?
A) Only documents it relies on
B) Only documents adverse to its case
C) Only documents it intends to use at trial
D) Documents it relies on, documents adverse to any party’s case, and documents that support another party’s case

Answer 1

D) Documents it relies on, documents adverse to any party’s case, and documents that support another party’s case

Explanation:
Standard disclosure under CPR 31.6 requires a party to disclose documents it relies on, documents adverse to its own or another party’s case, and documents that support another party’s case.

Question 2

What is the meaning of “control” in disclosure?
A) Only documents in physical possession
B) Physical possession, right to possession, or right to inspect/copy
C) Only documents the party currently owns
D) Only documents submitted to court

Answer 2

B) Physical possession, right to possession, or right to inspect/copy

Explanation:
Control includes having the document physically, the right to possess it, or the right to inspect or copy it, even if it is held by a third party like an agent.

Question 3

What is a “document” for disclosure purposes under CPR 31.4?
A) Only printed paper documents
B) Only electronic documents
C) Anything recording information, whether electronic or paper
D) Only signed legal agreements

Answer 3

C) Anything recording information, whether electronic or paper

Explanation:
A document is defined broadly as anything that records information, including emails, texts, voicemails, and metadata, not just paper files.

Question 4

What must a party include with their list of disclosed documents?
A) A disclosure statement
B) An affidavit
C) An expert report
D) A statement of truth

Answer 4

A) A disclosure statement

Explanation:
Each party must submit a disclosure statement with their disclosure list, certifying the search extent and confirming compliance with disclosure obligations.

Question 4

If a document satisfies more than one category for disclosure (reliance, adverse, or support), how many must apply for it to be disclosable?
A) All three
B) Only one
C) Two
D) None

Answer 4

B) Only one

Explanation:
If a document meets even one of the standard disclosure criteria (reliance, adverse, or supportive), it must be disclosed. It does not need to meet multiple categories.

Question 5

A solicitor finds old emails stored on a client’s backup server relating to disputed facts. The emails adversely affect their client’s case. What should the solicitor advise?
A) Only disclose if ordered by the opponent
B) Disclose because they are adverse documents under standard disclosure
C) Disclose only if the emails are favourable
D) Do not disclose, as the emails were archived

Answer 5

B) Disclose because they are adverse documents under standard disclosure

Explanation:
Even archived or inconvenient documents that adversely affect the client’s case must be disclosed under standard disclosure obligations.

Question 6

A party loses control of a document after initially having it. Is it still disclosable?
A) No, only current documents matter
B) Yes, because it was previously within control
C) Only if the party voluntarily offers it
D) No, unless the party retrieves it

Answer 6

B) Yes, because it was previously within control

Explanation:
Disclosure duties extend to documents that a party currently controls or used to control. Loss of possession does not avoid the disclosure obligation.

Question 7

A party prepares a detailed disclosure list. Which section will include privileged documents that they refuse to allow inspection of?
A) Part (a)
B) Part (b)
C) Part (c)
D) Part (d)

Answer 7

B) Part (b)

Explanation:
Part (b) of the disclosure list covers documents over which inspection is refused, often on grounds of privilege, such as solicitor-client communications.

Question 8

A party wants to avoid disclosing certain adverse documents by claiming irrelevance. When is a document deemed disclosable?
A) Only if mentioned in pleadings
B) Only if it supports their case
C) If it relates to any issue in dispute
D) Only if they intend to use it at trial

Answer 8

C) If it relates to any issue in dispute

Explanation:
Disclosure is based on whether a document relates to an issue in dispute as set out in the pleadings, not whether it is favourable or intended for trial use.

Question 9

If a party lies or misleads in a disclosure statement without honest belief, what can happen?
A) Only a warning letter
B) Nothing unless the opponent complains
C) They may face proceedings for contempt of court
D) The court will simply order a new disclosure statement

Answer 9

C) They may face proceedings for contempt of court

Explanation:
A false disclosure statement made without honest belief can result in serious contempt of court proceedings under CPR 31.23.