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SPECIFIC DISCLOSURE

5.1 If a party believes that the disclosure of documents given by a disclosing party is inadequate he may make an application for an order for specific disclosure (see rule 31.12).

5.2 The application notice must specify the order that the applicant intends to ask the court to make and must be supported by evidence (see rule 31.12(2) which describes the orders the court may make).

5.3 The grounds on which the order is sought may be set out in the application notice itself but if not there set out must be set out in the evidence filed in support of the application.

5.4 In deciding whether or not to make an order for specific disclosure the court will take into account all the circumstances of the case and, in particular, the overriding objective described in Part 1. But if the court concludes that the party from whom specific disclosure is sought has failed adequately to comply with the obligations imposed by an order for disclosure (whether by failing to make a sufficient search for documents or otherwise) the court will usually make such order as is necessary to ensure that those obligations are properly complied with.

5.5 An order for specific disclosure may in an appropriate case direct a party to -

(1) carry out a search for any documents which it is reasonable to suppose may contain information which may
(a) enable the party applying for disclosure either to advance his own case or to damage that of the party giving disclosure; or
(b) lead to a train of enquiry which has either of those consequences; and

(2) disclose any documents found as a result of that search.

 

 

 

 

 

 
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