Disclosure and Inspection Flashcards

Vocabulary-style flashcards covering the key concepts and legal rules of Disclosure and Inspection under the SQE1 syllabus.

Disclosure

Defined in r 31.2 as stating that a document exists or has existed, completed by preparing and serving a list of documents on all other parties.

Inspection

The process where a party requests to read documents they have not had sight of in an opponent’s list, ensuring the court has all relevant information to ensure justice.

Document

Under r 31.4, anything in which information of any description is recorded, including written documents, audio/video recordings, photographs, and electronic data.

Standard Disclosure

Under CPR r 31.6, the requirement for a party to disclose documents on which they rely, or documents that adversely affect their own or another party's case, or support another party's case.

Control (of documents)

Under CPR r 31.8, documents are in a party's control if they are or were in their physical possession, or they have a right to possess or inspect them.

Disclosure Report

Form N263, which must be filed and served by parties in multi-track claims (except personal injury) not less than 14 days before the first case management conference.

Disclosure Statement

A signed confirmation in the list of documents where a party certifies they understand their duty, have carried out a reasonable search, and that the list is complete.

Part 1 of the List of Documents

The section of Form N265 containing documents within a party's control that they do not object to the other party inspecting.

Part 2 of the List of Documents

The section listing documents in a party's control which they object to the opponent inspecting, typically due to privilege.

Part 3 of the List of Documents

The section for documents that are no longer in the party's control, with a statement of what happened to them.

Redaction

The process of blanking out commercially sensitive and irrelevant parts of a document before inspection.

Legal Advice Privilege

A type of privilege for communications between a client and their lawyer prepared for the sole or dominant purpose of giving or receiving legal advice.

Litigation Privilege

Privilege for communications between a lawyer/client and a third party created when litigation was contemplated or ongoing for the sole or dominant purpose of obtaining advice or evidence.

Dominant Purpose

Determined by Civil Aviation Authority v R [2020] EWCA Civ 35 to mean the main or predominant purpose for which a document was brought into existence.

Waiver of Privilege

When a client gives up privilege, which can happen intentionally (serving witness statements) or accidentally (mistakenly sending privileged advice to the opponent).

Without Prejudice Correspondence

Communications recorded as part of a genuine attempt to settle a case, which are disclosed but generally hidden from the trial judge.

Specific Disclosure

An application under CPR r 31.12 for an order requiring a party to carry out a more extensive search or disclose specific documents.

Pre-action Disclosure

An application under r 31.16 before a claim is issued to compel a prospective defendant to disclose documents to assist in resolving the dispute without proceedings.

Non-party Disclosure

An application under r 31.17 for disclosure against a third party who is not a litigant in the case, where the document is necessary to dispose fairly of the case.

14 days prior

Deadline for disclosure submission.

7 days prior

Deadline for parties to agree on the terms of disclosure before the hearing.