Discovery and the need to diclose

Disclosure is cumbersome, expensive and time consuming – in a case published this week the position was made clear as to the requirements of the IPEC court, and the Defendant as to disclosure.

The Judge held as follows:

“The rules on disclosure reports are part of the rules on standard disclosure as is made explicit in the final sentence of the note explaining them in the White Book at 31.5.1. This is reinforced by the possibility provided for in CPR 31.5(7)(e) that a court may order that a party gives standard disclosure as one of the options under new rules. That possibility is not consistent with paragraph 29.1 of Practice Direction 63 which permits the IPEC to order only specific disclosure, if disclosure is to be ordered at all. Consequently CPR 31.5 does not apply in the IPEC in its current form any more than it did in the old form. There is no obligation to provide disclosure reports in the IPEC.”

MJC

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