Section 79.23

A party (the disclosing party) must— make a reasonable search for material relevant to the matters under consideration in the proceedings to which Section 2 or 3 of this Part applies; and file and serve on the other party and any special advocate material other than closed material— on which the disclosing party relies; which adversely affects the disclosing party’s case; or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . which supports the other party’s case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The factors relevant in deciding the reasonableness of a search under paragraph (1)(a) include— the amount of material involved; the nature and complexity of the proceedings; whether the material is in the control of the party making the search; the ease and expense of retrieval of any material; and the significance of any material which is likely to be located during the search. The duty to search for, file and serve material under paragraph (1) continues until the proceedings to which Section 2 or 3 of this Part applies have been determined. Where material, other than closed material, to which the duty under paragraph (1) extends comes to a party’s attention before the proceedings to which Section 2 or 3 of this Part applies have been determined, that party must immediately— file it with the court; serve it on the other party; and serve it on any special advocate.

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