Procedure for Standard Disclosure
31.10
(1) The procedure for standard disclosure is as follows.
(2) Each party must make and serve on every other
party, a list of documents in the relevant practice form.
(3) The list must identify the documents in a convenient order and
manner and as concisely as possible.
(4) The list must indicate -
(a) those documents in respect of which the party claims a right or
duty to withhold inspection; and
(b) (i) those documents which are no longer in the party's control;
and
(ii) what has happened to those documents.
(Rule 31.19 (3) and (4) require a statement in the list of documents
relating to any documents inspection of which a person claims he has
a right or duty to withhold)
(5) The list must include a disclosure statement.
(6) A disclosure statement is a statement made by the party
disclosing the documents -
(a) setting out the extent of the search that has been made to
locate documents which he is required to disclose;
(b) certifying that he understands the duty to disclose documents;
and
(c) certifying that to the best of his knowledge he has carried out
that duty.
(7) Where the party making the disclosure statement is a company,
firm, association or other organisation, the statement must also -
(a) identify the person making the statement; and
(b) explain why he is considered an appropriate person to make the
statement.
(8) The parties may agree in writing -
(a) to disclose documents without making a list; and
(b) to disclose documents without the disclosing party making a
disclosure statement.
(9) A disclosure statement may be made by a person who is not a
party where this is permitted by a relevant practice direction.
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