| 1 | Disclosure: an overview The purpose of disclosure is to make available evidence which either supports or undermines the respective parties' cases. This overview summarises the disclosure process, the parameters of the disclosure duty and the main issues to consider regarding disclosure and inspection, including seeking more extensive disclosure than standard disclosure. | Practice note: overview | Maintained |
| 2 | Document retention toolkit A toolkit to guide users through PLC's UK, US and international content on document retention. It includes materials on retention of employment records, Companies Act 2006 requirements and electronic disclosure. | Practice note: overview | Maintained |
| 3 | Jackson LJ's Review of Civil Litigation Costs: Final Report A detailed note on Lord Justice Jackson's final report following his review of civil litigation costs which was published on 14 January 2010. This note summarises the issues considered by Jackson LJ and sets out his recommendations. It also comments on the potential impact of the recommendations and includes views from a number of leading practitioners. It links to two short notes setting out our views as to when each of the recommendations is likely to take effect generally and for specific litigation. | Practice note: overview | 27-Jan-2010 |
| 4 | Norwich Pharmacal orders: a quick guide A quick guide to Norwich Pharmacal orders, including an explanation of what they are, when they can be used and the application procedure. | Practice note: overview | Maintained |
| 5 | Norwich Pharmacal orders: an overview A Norwich Pharmacal order requires a respondent to disclose certain documents or information to the applicant. The respondent must be a party involved or mixed up in a wrongdoing, whether innocently or not and is unlikely to be a party to the potential proceedings. This practice note summarises the law and procedure relating to Norwich Pharmacal orders. | Practice note: overview | Maintained |
| 6 | Privilege: an overview An outline of the law relating to privilege including legal advice privilege, litigation privilege, joint privilege and common interest privilege. | Practice note: overview | Maintained |
| 7 | Specific disclosure: an overview This practice note sets out the circumstances in which the court may make an order for specific disclosure. It examines the procedure in each of the High Court divisions for making an order and sets out what type of evidence is likely to be required by the court before granting an order. | Practice note: overview | Maintained |
| 8 | Without prejudice privilege: a quick guide A quick guide to the key points to note about the without prejudice rule. This is one of a series of quick guides (see Quick guides). | Practice note: overview | Maintained |
| 9 | Without prejudice privilege: an overview This note considers the without prejudice (WP) rule. The WP rule will generally prevent statements made in a genuine attempt to settle an existing dispute, whether made in writing or orally, from being put before the court as evidence of admissions against the interest of the party which made them. In that it is a rule which prevents relevant material from being put before the court, it is plainly a significant one. Therefore, it is important to be aware of the nature and scope of the WP rule and the established exceptions to it. | Practice note: overview | Maintained |
| 10 | Disclosure in judicial review The duties of disclosure in claims for judicial review are discussed in this note. In particular, the note covers the: Traditional approach to disclosure in judicial review, including the duty of candour. Approach to disclosure, following the decision in Tweed v Parades Commission for Northern Ireland [2006] UKHL 53. Defendant's approach to disclosure. Claimant's approach to disclosure. | Practice notes | Maintained |
| 11 | Disclosure: electronic disclosure: some questions to ask ... This practice note sets out some of the questions to raise with clients in preparation for an electronic disclosure exercise. | Practice notes | Maintained |
| 12 | Disclosure: electronic disclosure: what is it and how do I deal ... This practice note explains the rules and practice on electronic disclosure, in particular the requirements of PD 31B which applies to the disclosure of electronic documents in proceedings started on or after 1 October 2010. | Practice notes | Maintained |
| 13 | Disclosure: exchange of lists and inspection This practice note outlines the steps to be taken, when giving standard disclosure, once the parties' lists of documents have been prepared. It considers practical and legal aspects of the exchange of lists of documents, and inspection. | Practice notes | Maintained |
| 14 | Disclosure: preparing the list of documents This practice note outlines the requirements when preparing a list of documents for the purposes of giving standard disclosure under the procedure in CPR 31.10. | Practice notes | Maintained |
| 15 | Disclosure: providing information to members This practice note considers the requirements on trustees and employers to disclose certain information to pension scheme members, prospective pension scheme members, beneficiaries, spouses and civil partners, and recognised trade unions. The note specifically concentrates on the obligations set out in The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 (SI 1996/1655). | Practice notes | Maintained |
| 16 | Disclosure: reviewing the client's documents This practice note outlines the key practical and legal issues to consider when you are reviewing a client's documents for the purposes of giving disclosure during the civil litigation process. | Practice notes | Maintained |
| 17 | Disclosure: reviewing the opponent's documents This practice note considers the steps which you should take on obtaining sight of the opponent's disclosure, including steps to analyse and, if appropriate, challenge aspects of the opponent's disclosure. | Practice notes | Maintained |
| 18 | Disclosure: sanctions for non-compliance with disclosure ... This practice note considers what may happen when a party does not comply with his disclosure obligations, and also examines the issue of document destruction. | Practice notes | Maintained |
| 19 | Disclosure: scoping and conducting a search for documents This practice note explains the meaning of a "reasonable search" in the context of an order for standard disclosure, and provides guidance on how to conduct and manage such a search in practice. Much of the practical guidance in this note is likely, also, to be of relevance where an order for something other than standard disclosure has been made. | Practice notes | Maintained |
| 20 | Disclosure: the solicitor's duty This practice note considers the solicitor's role and duties on disclosure, and the key pieces of advice regarding disclosure which should be communicated to the client. It is essential that, from the initial instruction onwards, you provide your client with timely and appropriate advice in relation to his disclosure obligations. | Practice notes | Maintained |
| 21 | Disclosure: time for disclosure This practice note explains when formal disclosure typically takes place and explains the other times when, and circumstances in which, documents may be disclosed. | Practice notes | Maintained |
| 22 | Disclosure: treatment of copies, translations, documents ... This practice note outlines the approach to copy documents, translations, documents referred to in statements of case and confidential documents, in the context of the disclosure process during civil litigation proceedings. | Practice notes | Maintained |
| 23 | Disclosure: what is a document and which documents must be ... Your disclosure obligation is defined by reference to "documents". This practice note explains what constitutes a document for the purposes of CPR 31, the concept of standard disclosure and the meaning of "in a party's control" for the purposes of CPR 31. | Practice notes | Maintained |
| 24 | Disclosure: what is it and where are the rules? This practice note explains what disclosure is, why disclosure is available in civil proceedings in England and Wales, provides an introduction to CPR 31 and the rules in CPR 33 dealing with the disclosure of real evidence, and explains how the overriding objective in CPR 1 applies to disclosure. | Practice notes | Maintained |
| 25 | Disclosure: who must give disclosure and what is the ... This practice note explains who must give disclosure, examines the nature of the disclosure obligation (including the duty to conduct a reasonable search for documents), its extent and duration, and briefly addresses the position in relation to non-parties. | Practice notes | Maintained |
| 26 | Disclosure: who should sign the disclosure statement? This practice note considers who should sign the disclosure statement. | Practice notes | Maintained |
| 27 | Disclosure: withholding disclosure and/or inspection This practice note considers the circumstances in which documents must be disclosed but need not be made available for inspection, and the circumstances in which documents can be withheld from disclosure. The distinction between the two is very important. Not disclosing documents means not listing them. Therefore the opponent may well be unaware that such documents even exist. Disclosing documents but not permitting inspection puts the opponent on notice that such documents exist. | Practice notes | Maintained |
| 28 | Electronic disclosure: a guide to Practice Direction 31B A guide to the e-disclosure procedures in Practice Direction 31B, which apply to cases expected to be allocated to the multi-track commenced on or after 1 October 2010, or where the court orders. PLC Dispute Resolution is grateful to Vince Neicho of Allen & Overy, Tracey Stretton of Kroll Ontrack and Mark Surguy of Eversheds for the comments they have provided. | Practice notes | Maintained |
| 29 | Freedom of information A practice note describing the legal regime governing the disclosure of information by UK public authorities. | Practice notes | Maintained |
| 30 | Implementation of Jackson LJ's recommendations (specific ... This note tracks implementation of each of Lord Justice Jackson's recommendations for reform of civil litigation costs (including those not formally presented as recommendations) in specific types of litigation. The note links to a separate note dealing with all other recommendations. | Practice notes | Maintained |
| 31 | Members' rights to see scheme documents This note outlines the rights of members of occupational pension schemes to see a scheme's governing documents and other material, under relevant legislation and trust law. It also considers the practical implications for trustees when recording decisions, dealing with requests for disclosure and facing scrutiny of their decisions. | Practice notes | Maintained |
| 32 | Non-party disclosure This practice note summarises the main methods for a party to obtain documents from a non-party to the proceedings. The court may: Order non-party disclosure under CPR 31.17. Issue a witness summons under CPR 34.2, requiring a witness to produce documents to the court. | Practice notes | Maintained |
| 33 | Pre-action disclosure A summary of the procedure for making an application for pre-action disclosure under CPR 31.16. This note covers the criteria that must be satisfied for the court to exercise its discretion to make an order for pre-action disclosure. It considers the relevant case law (including the leading case, Black v Sumitomo [2001] EWCA Civ 1819) and briefly highlights other routes for pre-action disclosure. | Practice notes | Maintained |
| 34 | Preparing a disclosure report The Jackson/civil litigation reforms significantly changed the approach to disclosure for multi-track claims (apart from those that include a claim for personal injuries). Since 1 April 2013 (subject to the relevant transitional provisions), parties have been required to file and serve a disclosure report not less than 14 days before the first case management conference in all multi-track claims (save for those that include a claim for personal injuries). This practice note sets out practical points for consideration when preparing a disclosure report. PLC Dispute Resolution is grateful to Vince Neicho of Allen & Overy for his contribution to this practice note. | Practice notes | Maintained |
| 35 | Privilege: Frequently Asked Questions A list of frequently asked questions on privilege with answers from Colin Passmore. | Practice notes | Maintained |
| 36 | The Electronic Documents Questionnaire: introduction to ... An introduction to the annotated version of the Electronic Documents Questionnaire, with commentary from Tracey Stretton and Daniel Kavan of Kroll Ontrack and Mark Surguy of Eversheds. | Practice notes | Maintained |