Scope of this Part Rule 28.1

Standard disclosure - what documents are to be disclosed Rule 28.2

Disclosure of copies Rule 28.3

Procedure for Standard Disclosure Rule 28.4

Requirement for Party to certify that he understands duty

of Standard Disclosure Rule 28.5

Consequence of failure to disclose documents under

Standard Disclosure Rule 28.6

Specific Disclosure Rule 28.7

Criteria for ordering specific disclosure Rule 28.8

Procedure for specific disclosure Rule 28.9

Disclosure in stages Rule 28.10

Duty of disclosure limited to documents which are or

have been in a party's control Rule 28.11

Inspection and copying of listed documents Rule 28.12

Duty of disclosure continuous during proceedings Rule 28.13

Consequence of failure to disclose documents under

specific disclosure Rule 28.14

Claim of right to withhold disclosure or inspection

of a document Rule 28.15

Restriction on use of a privileged document inspection of

which has been inadvertently allowed Rule 28.16

Documents referred to in statements of case, etc., Rule 28.17

Subsequent use of disclosed documents Rule 28.18

28.1 (1) This Part sets out rules about the disclosure and inspection of

1. In this Part 'document' means anything in which information of any description is recorded and 'copy' in relation to a document, means anything onto which information recorded in the document has been copied, by whatever means and whether directly or indirectly.
2. A party discloses a document by revealing that the documents exists or has existed.

28.2 Where a party is required by any direction of the court, to disclose

28.3 (1) Except in accordance with paragraph (2), a party need not

1. A party must however disclose a copy if it contains a modification, obliteration or other marking or feature which could have a material affect on the outcome of the proceedings.

28.4 (1) Paragraphs (2) to (4) set out the procedure for standard

(4) The list must indicate -

28.5 The lay party must certify in his list of documents -

1. that he understands the duty of standard disclosure; and
2. that to the best of his knowledge he has carried out that duty

28.6 A party who fails to disclose any document on which he intends to

1. An order for specific disclosure may be made with or without an application.
2. An application for specific disclosure may be made at an case management conference.
3. An application for specific disclosure may identify documents -

1. by describing the class to which they belong; or
2. in any other manner

28.8 (1) When deciding whether to make an order for specific

1. It must have regard -

1. to the likely benefits of specific disclosure; and
2. to the likely cost of specific disclosure; and
3. to whether the financial resources of the party against whom the order would be made are likely to be sufficient to enable that party to comply with any such order.

(4) Where the court makes an order under paragraph (3) it must

(5) The party in whose favour such order for costs was made

28.9 (1) Each party must comply with the requirements of rule

1. A list of documents served by a company, firm, association or other organisation must -

1. state the name and position of the person responsible for identifying individuals who might be aware of any document which should be disclosed; and
2. identify those individuals who have been asked whether they are aware of any such documents and state the position of those individuals.

1. that he understands the terms of the order for specific disclosure and the duty to disclose documents as ordered; and
2. that to the best of his knowledge he has carried out that duty.

1. For this purpose a party has or has had a document in his control if -

1. it is or was in his physical possession; or
2. he has or has had a right to possession of it; or
3. he has or has had a right to inspect or take copies of it.

28.12 (1) When a party has served a list of documents on any other

1. documents which are no longer in the control of the party who served the list; or

1. He must give the party who served the list written notice of his wish to inspect documents in the list.
2. The party who is to give inspection must permit inspection not more than 7 days after the date on which he received the request.
3. If the party giving the notice undertakes to pay the reasonable cost of copying, the party who served the list must supply him with a copy of each document requested.
4. He must supply the copy not more than 7 days after the date on which he received the request.

28.13 (1) The duty of disclosure in accordance with any order for

1. If documents to which that duty extends come to a party's notice at any time during the proceedings he must immediately notify every other party and serve a list of those documents.
2. The supplemental list must be served not more than 14 days after the new documents have come to the notice of the party required to serve it.

1. A party seeking to enforce an order for specific disclosure may apply to the court for an order that the other party's statement of case be struck out.
2. An application under this rule may be made without notice but shall be supported by evidence that the other party has not complied with the order.
3. On such an application the court may order that unless the party in default complies with the order for specific disclosure within a specified period his statement of case be struck out.

1. that he makes such claim for the document; and
2. state the grounds on which he claims such a right.

1. A person may however apply to the court, without notice, for an order permitting him not to disclose the existence of a document on the ground that disclosure of the existence of the document would damage the public interest
2. Unless the court orders otherwise, an order of the court under paragraph (2) shall not be served on any other person.
3. A person who does not agree with a claim of right to withhold inspection or disclosure of a document may apply to the court for an order that such document be disclosed or made available for inspection.
4. On hearing such an application the court must make an order that the document be disclosed unless it is satisfied that there is aright to withhold disclosure.
5. If a person claims that he has a right to withhold inspection of or applies for an order permitting him not to disclose the existence of a document or part of a document, the court may require him to produce that document to the court to enable it to decide whether the claim is justified.

28.16 Where a party inadvertently allows a privileged document to be

28.17 (1) A party may inspect and copy a document mentioned in -

1. a statement of case; or
2. a witness statement; or
3. an affidavit; or
4. an expert's report.

1. A party who wishes to inspect and copy such a document must give written notice to the party who, or whose witness, mentioned the document.
2. The party to whom the notice is given must comply with the notice not more than 7 days after the date on which the notice is served.

28.18 (1) A party to whom a document has been disclosed may use the

1. The court may make an order restricting or prohibiting the use of a document which has been disclosed, even where the document has been read to or by the court, or referred to in open court.
2. An application for such an order may be made -

1. by a party; or
2. by any person to whom the document belongs.

(3) An order under this rule must -