disclosure

In litigation, each side collects their own evidence to prove the facts required to make out the claim or defend it. Disclosure is an important stage in commercial litigation that requires each party to the proceedings to produce documents upon which they rely, and those which affect another party’s case.

Disclosure applies to all documents which are relevant to the issues in the case. These issues are determined by reference to the pleadings. The pleadings include, particulars of claim, defence, the reply (if any) and responses to requests for further information and clarification. The documents to be produced are defined descriptively in the Civil Procedure Rules. They are:

1. documents on which he relies
2. documents which –
   • adversely affect his own case;
   • adversely affect another party’s case; or
   • support another party’s case; and
3. documents which he is required to disclose by a practice direction.

The documents described by the above process is known as standard disclosure, and applies unless the court orders otherwise. A court may limit or even dispense with disclosure, however those would be exceptional cases. The term ‘document’ takes a wide definition and includes anything upon which information is recorded. As such, a document includes, videos, tape recordings, electronic documents. In fact, any file, or even a file fragment on a hard disk drive is potentially disclosable, provided it meets the test.

Usage: The parties were ordered to give standard disclosure.

Related Words: specific disclosure.