Section 31.10

The procedure for standard disclosure is as follows. Each party must make and serve on every other party, a list of documents in the relevant practice form. The list must identify the documents in a convenient order and manner and as concisely as possible. The list must indicate— those documents in respect of which the party claims a right or duty to withhold inspection; and those documents which are no longer in the party’s control; and what has happened to those documents. (Rule 31.19 (3) and (4) require a statement in the list of documents relating to any documents inspection of which a person claims he has a right or duty to withhold) The list must include a disclosure statement. A disclosure statement is a statement made by the party disclosing the documents— setting out the extent of the search that has been made to locate documents which he is required to disclose; certifying that he understands the duty to disclose documents; and certifying that to the best of his knowledge he has carried out that duty. Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also— identify the person making the statement; and explain why he is considered an appropriate person to make the statement. The parties may agree in writing— to disclose documents without making a list; and to disclose documents without the disclosing party making a disclosure statement. A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.

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Source: legislation.gov.uk · retrieved 2026-08-15