Standard disclosure is obtainable only against persons who are properly joined

Standard disclosure is obtainable only against

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Standard disclosure is obtainable only against persons who are properly joined as parties to an action. Information cannot be obtained from strangers to the dispute expect by calling them as witnesses at the trial, w/ 2 exceptions discussed laterIn order to give standard disclosure, a party is required to make a “reasonable search” for documents falling within r31.6b/c, the factors includeoThe number of documents involvedoThe nature and complexity of the proceedingsoThe ease and expense of retrieval of any particular document; and oThe significance of any document which is likely to be located during the search Defines what is meant by standard disclosure ; this system only works if lawyers involved claim again according to the rules. You have to explained to the documents which may be harmful to their own caseIn 31.7 the party is to search a reasonable search. Disclosure is a stage where the client has to be involved and of course could be erroneous. Need to draw up a list of documents, a list is divided into 2 parts, the 1 part is subdivided into 2. You list the documents which you have got, and which you are willing to produce for inspection. In the 2ndhalf of the 1stpart, you list the documents which you have in your possession but you claim privilege. In practice, you are not normally required to list privileged specifically. In the 2ndpart of the list, documents that you had but have not any longer got. The systems exchange the list and then under r31.3 arrangements are made for inspection. That may mean going around for inspecting the documents. In reality, what tends to happen is to photocopy and
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exchange. NOTE : Privilege is against privilege for inspection, but not disclosure. It has to contain statements which need for disclosure. (b)Form of the list and disclosure statementCPR r.31.10N265The practice form consists of Disclosure statement, made by a party disclosing documents, to be signed by the party, a party’ssolicitor cannot sign nor anyone else 3 separate lists of documentso1stlist – must list and number, in a convenient order, the documents in his control which he does not object to being inspected. o2ndlist – the party must list and number the documents in his control, which he objects to being inspected. o3rdlist – the party should list and number the documents that have been, but are not now, inhis control.(c)Disclosure by orderCPR r.31.12Gives the court a power to order disclosure which don’t fall within the standard disclosure obligationThe rationale for the discretion to order specific disclosure is that the overriding objective obliges the parties to give access to those documents which will assist the other’s case. The Court hasa discretion as to whether it makes the order. It may make an order at any time, regardless of whether standard disclosure has already occurred ; and it may make orders for specific disclosure against a
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  • Fall '15
  • The Land, The Court, Discovery, disclosure

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