Learn how to manage employment disputes and protect your business from legal action. <\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n
If you are involved in litigation, you may have come across the idea of specific disclosure. Specific disclosure generally refers to the obligation of one party in a dispute to search for documents relevant to the dispute. In many cases, the other side will get to inspect the documents you disclose. Nevertheless, specific disclosure is an order the court makes when it wishes to compel a party to search for and disclose particular documents. This article will consider the specific disclosure so you can better understand the litigation process. <\/p>\n\n\n\n
Litigation in the UK requires both parties to cooperate throughout the process. A critical element of litigation is disclosure and inspection<\/a>, which refers to the portion of litigation where one side searches for certain documents so that the other party may inspect them. <\/p>\n\n\n\n Most litigation cases<\/a> require the defendant to undertake standard disclosure. This refers to the court making a general order for the defendant to disclose all documents in the defendant\u2019s control relevant to the dispute. The courts cast a wide net when determining if a document is relevant. A party that does not comply with a standard disclosure order can face cost consequences and contempt of court. <\/p>\n\n\n\n On the other hand, specific disclosure requires an applicant (usually the claimant) to apply to the court seeking an order compelling the counterparty (usually the defendant) to disclose specific documents. In practice, specific disclosure is either used to:<\/p>\n\n\n\n Suppose you are the claimant in a dispute with your accountant. You believe your accountant negligently advised you to invest in another business. After instructing solicitors, the matter proceeds to litigation. The court orders standard disclosure.\u00a0<\/strong><\/p>\n \n The accountant subsequently provides a list of disclosed documents, which does not include a series of valuations the accountant mentioned when advising your business but which you did not see. You believe that the accountant should have disclosed these documents. Accordingly, your solicitor applies for specific disclosure to compel the accountant to disclose these valuations.<\/p>\n <\/p>\n<\/div>\n\n\n\n The court may order specific disclosure in various circumstances, though the Civil Procedure Rules do not set out specific criteria. Practice Directions provide helpful guidance, and it is crucial to understand that the court will consider all relevant circumstances, particularly the overriding objective of dealing with cases justly and at proportionate cost.<\/p>\n\n\n\n Some of the circumstances when specific disclosure may be ordered include if:<\/p>\n\n\n\n You should be aware that information asymmetry between parties may be considered, but it is not sufficient on its own to justify disclosure. For confidential documents, the court will balance their relevance to the proceedings against the confidentiality of those documents.<\/p>\n\n\n Learn how to manage employment disputes and protect your business from legal action. <\/p>\n <\/div>\n \n\nDownload Now<\/a> <\/section>\n <\/div>\n\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\n\n
\n \nWhen Will the Court Order Specific Disclosure?<\/h2>\n\n\n\n
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\n Guide to UK Employment Disputes<\/div>\n \n