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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