Disclosure in Civil Litigation: What Documents must you reveal?
Disclosure does not involve providing every document in your possession. The civil litigation rules govern what information must be provided to the other party and when those obligations arise.
What is disclosure in Civil Litigation?
Disclosure is governed by Part 31 of the Civil Procedure Rules and is the process by which parties’ identity documents that they need to disclose to the other side and determines what category those documents fall within. A list of the relevant documents is provided to the other side; they will then have the option to inspect these documents.
Do you need to disclose documents that damage your case?
If a document falls within the relevant disclosure obligation, a party cannot withhold this document because it undermines their position. Failing to disclose any documents can undermine a party’s credibility or lead to additional costs or sanctions.
What about Confidential or Privileged documents?
Certain documents may be protected by legal professional privilege. Litigation privilege may also protect documents created for the dominant purpose of conducting existing or contemplated litigation. Confidentiality alone does not automatically prevent disclosure.
Whilst being a party to Civil Litigation proceedings, it is crucial to ensure that disclosure is properly complied with otherwise you may be subjected to sanctions. This will also ensure that a fair outcome is reached.
Parties to any litigation should ensure that they do not destroy any documents, this includes things that as CCTV as they may be required to disclose them later in the case.
Latest insights and news
