Disclosure

Disclosure is the process by which parties to litigation are required to make available documents relevant to the issues in the case. Under CPR Part 31, standard disclosure requires each party to disclose documents on which they rely, documents that adversely affect their case, documents that support another party's case, and documents required by a practice direction.

In practice

Disclosure obligations are backed by a duty to conduct a reasonable and proportionate search. Failure to disclose relevant documents can result in costs sanctions, adverse inferences, or striking out. Privileged documents (legal professional privilege or litigation privilege) are listed but not produced. The disclosure process can be the most expensive part of commercial litigation.