Fact Sheet 10: Standard Disclosure

Your duty to search for and to disclose documents

The Civil Procedure Rules (CPR) require all parties to exchange information about a claim before proceedings have been commenced and also afterwards. This includes a duty to search for and to disclose documents that are or have been in your possession or control. Disclosure in this context means revealing the existence of a document and allowing your opponent to inspect if you still possess it.

This obligation encompasses not only those documents that you intend to rely on to prove your claim, but also documents which:
  • adversely affect your case,
  • adversely affect another party’s case, or
  • support another party’s case
In other words, you are required to disclose any document that might be relevant to the claim, even if it is potentially harmful to your case.
You are required to carry out a reasonable search in order to identify the documents. If you encounter any problems in tracking down any potentially relevant documents, please consult us. It is important to emphasise that if it becomes necessary to commence proceedings on you will probably be required to serve a formal list of your documents supported by a written “disclosure statement”:
  • setting out the extent of your search,
  • confirming that you understand your duty to disclose documents, and
  • certifying that you have carried out that duty to the best of your knowledge
If it subsequently transpires that you have failed in either duty, this will not only affect your credibility as a witness but also lay you open to a court penalty for contempt of court. Inadvertent non-disclosure is likely to result in your being prevented from relying on the document at trial.

It is vital that you tell us about and disclose to us any documents that may be relevant to your case, if we are to be able to advise you properly. We shall advise you if any of your documents are privileged from disclosure or are otherwise inappropriate for disclosure and we will prepare the formal list of documents for you.