The parties should bear in mind the overriding principle of proportionality (see rule 1.1(2)(c)).
It may, for example, be reasonable to decide not to search for documents coming into existence before some particular date, or to limit the search to documents in some particular place or places, or to documents falling into particular categories.
4.7 An insurer or the Motor Insurers’ Bureau may sign a disclosure statement on behalf of a party where the insurer or the Motor Insurers’ Bureau has a financial interest in the result of proceedings brought wholly or partially by or against that party.
3.3 The obligations imposed by an order for disclosure will continue until the proceedings come to an end.
If, after a list of documents has been prepared and served, the existence of further documents to which the order applies comes to the attention of the disclosing party, the party must prepare and serve a supplemental list.
Back to top 2A.1 Rule 31.4 contains a broad definition of a document.
This extends to electronic documents, including e-mail and other electronic communications, word processed documents and databases.
6.2 Rule 31.19(1) and (6) provide a procedure enabling a party to apply for an order permitting disclosure of the existence of a document to be withheld.
Back to top 7.1 If a party wishes to inspect documents referred to in the expert report of another party, before issuing an application he should request inspection of the documents informally, and inspection should be provided by agreement unless the request is unreasonable.
7.2 Where an expert report refers to a large number or volume of documents and it would be burdensome to copy or collate them, the court will only order inspection of such documents if it is satisfied that it is necessary for the just disposal of the proceedings and the party cannot reasonably obtain the documents from another source.
Back to top 8 Attention is drawn to rule 31.23 which sets out the consequences of making a false disclosure statement without an honest belief in its truth, and to the procedures set out in rule 81.18 and paragraphs 5.1 to 5.7 of Practice Direction 81 - Applications and proceedings in relation to contempt of court.
Back to top 6.1 A claim to withhold inspection of a document, or part of a document, disclosed in a list of documents does not require an application to the court.