Standard disclosure

Question 1

what is standard disclosure?

Answer 1

Parties must disclose documents:
o On which they rely;
o Which adversely affect their own/another’s case; or
o Support another’s case

Question 2

what is the search requirement applicable to standard disclosure?

Answer 2

Duty to make a reasonable search when giving standard disclosure

If not searched for class/category on the grounds it would be unreasonable, must state this in the disclosure statement

Question 3

what factors are relevant to the reasonableness of the search?

Answer 3

Factors relevant to reasonableness of search inc.:
o Number of documents
o Nature + complexity of proceedings
o Ease + expense of retrieval
o Significance of document likely to be located

Additional factors if there will be e-disclosure:
o Accessibility of e-documents i.e. alterations in hardware/software
o Likelihood of e-document being altered during recovery