Specific disclosure: an overview
This practice note explains when the court may make an order for specific disclosure under Civil Procedure Rule (CPR) 31.12. It refers to relevant considerations in each of the High Court divisions, and considers what evidence is likely to be required by the court before granting an order. Disclosure in the B&PCs: CPR 31.12 does not apply to cases subject to PD 57AD ("Disclosure in the Business and Property Courts"). PD 57AD took effect on 1 October 2022, replacing, and implementing, on a permanent basis, the procedures that applied, from 1 January 2019 until 1 October 2022, under the Disclosure Pilot Scheme (under what was PD 51U). For details of our comprehensive materials on the approach to disclosure under PD 57AD (and its predecessor PD 51U), which include Practice note, Disclosure in the B&PCs: applications under PD 57AD.17 (failure (or possible failure) adequately to comply with an order for Extended Disclosure), see Disclosure in the B&PCs toolkit.
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