Disclosure: preparing the list of documents

by PLC Dispute Resolution

A Practice note providing guidance on preparing lists of documents as part of the procedure for standard disclosure for cases subject to the disclosure regime under Civil Procedure Rule (CPR) 31, Practice Direction (PD) 31A, and PD 31B. Topics covered include the procedural requirements, conventions for listing documents, covering those available for inspection, those for which a right to withhold inspection is claimed on grounds such as legal professional privilege, and those no longer in a party's control. The note also provides guidance on the requirements for the disclosure statement, detailing who is authorised to sign it and the serious consequences of making a false statement. It also considers the specific rules for listing electronic documents (under PD 31B), the continuing duty to provide supplemental lists, and the risks associated with the inadvertent disclosure of privileged material. Finally, it briefly highlights some key aspects of the requirements when preparing lists of documents in cases subject to PD 57AD ("Disclosure in the Business and Property Courts"). Disclosure in the B&PCs: this note refers only briefly to the requirements for cases subject to PD 57AD ("Disclosure in the Business and Property Courts"). For details of our content on the approach to disclosure under PD 57AD (and its predecessor, PD 51U), see Disclosure in the B&PCs toolkit.