The Basics: What Documents Must Be Disclosed To An Opponent In A Dispute?

One of the distinguishing features of litigation in England and Wales is the process of disclosure, whereby the parties to a claim must identify and make available to each other documents that help their own case, and on which they intend to rely, that help the other party to understand the claim or defence they have to meet and, crucially, that are adverse to their own claim. This unique 'cards on the table' approach forces parties to be realistic about their chances of success in the litigation and, for that reason, many disputes settle shortly before, or after, disclosure has taken place.

Here, we provide an overview of the disclosure obligations in multi-track claims (generally those over £100,000) proceeding in the County Court and Queen's Bench Division of the High Court pursuant to Civil Procedure Rule 31 (CPR 31) and in the Business and Property Courts pursuant to the Disclosure Pilot introduced by Civil Procedure Rule Practice Direction PD51U (PD51U).