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Directions Disclosure
BVC Civil Procedure Directions Disclosure
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Directions Disclosure of documents Exchange of witness statements
Appointment of joint experts Will experts give oral or written testimony? Exchange of expert’s reports Meetings of experts (CPR 35.12) Trial date or trial window PD28.9 and timetable at PD 28.3 Small claims track (PD27.9) (fast track) and (multi track)
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Directions Disclosure of documents ( 4 weeks after allocation)
Exchange of witness statements( 10weeks after allocation) Appointment of joint experts( 14 weeks after allocation) Will experts give oral or written testimony? ( 20weeks after allocation) Exchange of expert’s reports( 22 weeks after allocation) Meetings of experts (CPR 35.12) Trial date or trial window ( 30 weeks after allocation but no sooner – PD28.3.6(2) ) – PD Case management conference - PD29.5
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Disclosure “disclosure” “inspection” “documents” (31.4)
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Disclosure Standard disclosure Documents on which a party relies and
2. Documents which: Adversely affect his own case Adversely affect another party’s case or Support another party’s case and 3. Any documents required to be disclosed by a relevant practice direction (31.6) Board v Thomas Hedley & Co. [1951] 2 All ER 431
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Disclosure “control” (31.8) List – 31.10(4) Grounds for refusal
Privilege (Waugh v British Railways Board [1979] 2All ER 1169 Three Rivers District Council v Governor and Company of the Bank of England (No.4) [2004] 3 WLR 1274 Disproportionate Public interest immunity
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Disclosure Disclosure statement CPR 31.10(5) and (6)
“reasonable” search(31.7) Forrester v BRB (The Times April 8th 1996) P.I Pre-Action Protocol 3.10
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Disclosure Specific Disclosure (31.12, PD31.5)
Other powers (31.16, 31.17,31.18 Norwich Pharmacal v Customs and Excise Commissioners [1974] AC 133 Continuing duty of disclosure 31.11 Douglas v Hello Ltd [2003] 1 All ER 1087
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