Practice Direction 6: Disclosure of Documents in English Civil Procedure, Study notes of Federal Courts

Download Practice Direction 6: Disclosure of Documents in English Civil Procedure and more Study notes Federal Courts in PDF only on Docsity! sf ABU DHABI GLOBAL MARKET COURTS WoJLeJ! wibgl giv psi o ADGM COURTS PRACTICE DIRECTION 6 DISCLOSURE  Practice Direction 6 PRACTICE DIRECTION 6 DISCLOSURE Table of Contents A. DEFINITIONS ..................................................................................................................... 1 B. DISCLOSURE BY PARTIES [r.87] .......................................................................................... 1 Standard disclosure .................................................................................................................. 1 When standard disclosure not required .................................................................................... 2 Cooperation between the parties – electronic documents ........................................................ 2 C. APPLICATIONS FOR FURTHER OR SPECIFIC DISCLOSURE [r. 86 and r.87] ............................. 3 Further or specific disclosure .................................................................................................... 3 Disclosure of copies ................................................................................................................. 3 Making disclosure – Redfern Schedule and disclosure statement .............................................. 4 D. INSPECTION OF DOCUMENTS [r.90] ................................................................................... 4 Inspection of documents referred to in statements of case and other documents ..................... 4 Inspection of documents mentioned in an expert’s report ........................................................ 5 Disputing a claim to withhold from inspection .......................................................................... 5 Failure to disclose or permit inspection .................................................................................... 5 E. ORDER FOR DISCLOSURE AGAINST NON-PARTY [r.88] ........................................................ 6 Practice Direction 6 3 directions at the earliest practical date, if possible at the first Case Management Conference. C. APPLICATIONS FOR FURTHER OR SPECIFIC DISCLOSURE [r. 86 and r.87]2 6.11. The Court discourages unfocused or disproportionate requests for further disclosure of documents. 6.12. If a party seeks further or specific disclosure of documents, that party must identify what documents or classes of documents are sought and state why their provision would assist the fair and effective trial of the proceedings. 6.13. An application for further or specific disclosure must be made by application notice. Further or specific disclosure 6.14. When giving further or specific disclosure, a party is required to make a reasonable search for documents. 6.15. The factors relevant in deciding the reasonableness of a party’s search include the following – (a) the number of documents involved; (b) the nature and complexity of the proceedings; (c) the ease and expense of retrieval of any particular document; and (d) the significance of any document which is likely to be located during the search. 6.16. Where a party has not searched for a category or class of document on the grounds that to do so would be unreasonable, he must state this in his disclosure statement and identify the category or class of document. Disclosure of copies 6.17. A party need not disclose more than one copy of a document. 6.18. A copy of a document must conform fully to the original. The Court may order that the original of a document be presented for inspection. A copy of a document that contains a modification, obliteration or other marking or feature shall be treated as a separate document. Parties should not redact documents which they _____________________ 2 Amended 11 December 2017. Practice Direction 6 4 disclose without the agreement of the other parties or the permission of the Court. Making disclosure – Redfern Schedule and disclosure statement 6.19. A party giving further or specific disclosure must do so in the form of a Redfern Schedule, supported by a disclosure statement in accordance with Form CFI 13. 6.20. A party must state in his Redfern Schedule whether he has a right or duty to withhold from inspection any document or categories of documents and the grounds on which he claims that right or duty. 6.21. The disclosure statement must – (a) expressly state that the disclosing party believes the extent of the search to have been reasonable in all the circumstances; and (b) draw attention to any particular limitations to the extent of the search and give the reasons for such limitations. 6.22. Attention is drawn to Rule 91(2) in regard to false disclosure statements. 6.23. Every additional disclosure which a party makes must be made by adding to his Redfern Schedule so that there is at all times a single complete record of each party’s disclosure. D. INSPECTION OF DOCUMENTS [r.90]3 Inspection of documents referred to in statements of case and other documents 6.24. Nothing in this Practice Direction affects a party’s right under the Rules to inspect any document which is referred to in: (a) an opposing party’s statement of case; (b) a witness statement; (c) a witness summary; or (d) an affidavit. _____________________ 3 Amended 11 December 2017. Practice Direction 6 5 Inspection of documents mentioned in an expert’s report 6.25. If a party wishes to inspect documents referred to in the expert report of another party he should first request inspection of the documents informally and inspection should be provided by agreement unless the request is unreasonable. 6.26. 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. Disputing a claim to withhold from inspection 6.27. If a party seeks to inspect a document which the disclosing party claims he has a right or duty to withhold from inspection, the requesting party must complete the relevant part of the disclosing party’s Redfern Schedule and serve it on the disclosing party. 6.28. If the disclosing party presses his claim to withhold the document from inspection, he must: (a) complete the relevant part of his Redfern Schedule; (b) serve the completed Redfern Schedule on the requesting party; (c) file the completed Redfern Schedule with the Court; and (d) identify those items in the Redfern Schedule in respect of which he seeks the determination of the Court. 6.29. The Court may determine any objection to production, without receiving any further submission by any party, by recording its decision in the Redfern Schedule. Failure to disclose or permit inspection 6.30. The Rules provide that a party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the Court gives permission. Any application for that permission should be made at the earliest opportunity and should be supported by material explaining why the party concerned did not disclose or permit inspection of the document earlier.