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Specific disclosure meaning

What does Specific disclosure mean?
Specific disclosure describes a targeted court order requiring a party to disclose identified documents or narrowly defined categories, usually where standard disclosure/discovery is inadequate or a focused search is more proportionate to the issues. In England and Wales, the Civil Procedure Rules permit such orders (commonly termed “specific disclosure”) under CPR 31.12; in the Business and Property Courts, CPR 57AD (Extended Disclosure) provides equivalent, issue‑focused mechanisms. An applicant should specify the documents or classes with reasonable particularity and show the order is necessary for the fair disposal of the claim or to save costs, and is proportionate. The court will not allow fishing expeditions. In Scotland, the functional equivalent is recovery of documents by commission and diligence on a specification of documents; “specific disclosure” is a descriptive expression rather than a defined procedure. In Northern Ireland and Ireland, the process is called specific discovery under the Rules of the Court of Judicature (NI) Order 24 and the Rules of the Superior Courts (Ireland) Order 31 respectively. Requests must be confined to clearly defined documents or classes and satisfy relevance, necessity and proportionality as developed in case law. Practically, parties use specific disclosure to obtain key contracts, communications, data extracts or policy documents...
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View the related Checklists about Specific disclosure

CHECKLISTS
Arbitration funding and third-party finance: practitioner checklist on options, funder engagement, confidentiality, champerty, disclosure and security for costs

When considering an arbitration, you should consider: how the dispute will be financed and managed overall can the client realistically cover your professional fees together with the arbitration expenses? could another party or source be prepared to pick up the entire bill? is any relevant insurance already in place and available? would after-the-event insurance cover be an appropriate option? might your firm accept a conditional fee arrangement, a damages-based agreement, or some other funding structure? See Funding Arrangements—Overview (note: this link is not arbitration-specific) is the client open to exploring third-party funding? ...

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CHECKLISTS
EU website and online platform compliance: legal checklist covering e-commerce, consumer rights, GDPR and cookies, accessibility, cybersecurity (NIS2), payments (PSD2), DSA/DMA, AI Act, IP and geo‑blocking

This Practice Note sets out detailed, relevant guidance on the principal legal and regulatory compliance obligations that a website operator should take into account within the EU, covering the following areas: the type and functionality of the website information disclosure requirements consumer protection data protection and privacy cookies accessibility cyber security platform-to-business online payments advertising, promotions and direct marketing AI competition law taxation liability for third party content intellectual property and observance of copyright geographic and territorial considerations Topics such as electronic data interchange (EDI), blockchain, smart contracts, or sector-specific laws and regulations—including those relating to financial services, intermediation services, or online auctions—fall outside the scope of this Practice Note. This Practice Note addresses only legislation that has been adopted to date by the EU. For further details on ongoing initiatives that may materially affect websites operating in the EU, also see Practice Note: Key EU digital...

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CHECKLISTS
Sentencing corporate fraud and VAT offences in England and Wales: Sentencing Council checklist—ten-step process, harm/culpability, percentage multipliers, financial disclosure, fines, confiscation, compensation, totality and ancillary orders

This Checklist summarises the Sentencing Council’s guidelines for sentencing corporate offences of fraud under the Fraud Act 2006 (FrA 2006), Theft Act 1968 (TA 1968), Value Added Tax Act 1994 (VATA 1994) and Customs and Excise Management Act 1979 (CEMA 1979) in the Crown Court and magistrates’ court This Checklist outlines the Sentencing Council’s approach to sentencing corporate fraud offences under FrA 2006, TA 1968, VATA 1994 and CEMA 1979 in the Crown Court and magistrates’ court. The Fraud Guidelines for corporate offenders are available here. The Sentencing Council also issues overarching guidance to be considered in all sentencing decisions, including: Totality guideline Overarching principles Overarching guideline on reduction in sentence for a guilty plea For guidance on using guidelines, see Practice Notes: Sentencing criminal offences—sentencing guidelines and resources and Sentences imposed following conviction. The General guideline: overarching principles (the General guideline) is to be applied alongside offence‑specific definitive guidelines. It considers seriousness and gives expanded direction on aggravating and mitigating...

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NEWS
UK dispute resolution weekly update: cross‑border service/enforcement, limitation on fee shortfalls, CPR 7.7, arbitration non‑intervention, data security duties, expert determination, Scottish horizon—5 March 2026

In this issue: Key DR developments Cross-border disputes Pre-action and limitation Litigation Case management Evidence and disclosure ADR Scottish Dispute Resolution Dates for your diary Useful information Daily and weekly news alerts Key DR developments Guidance and reports Courts and Tribunals Judiciary publishes February 2026 updated edition of the Equal Treatment Bench Book: The Courts and Tribunals Judiciary has issued an interim February 2026 update to the Equal Treatment Bench Book. For more information, see: Courts and Tribunals Judiciary publishes February 2026 updated edition Equal Treatment Bench Book—LNB News 26/02/2026 28. HCCH publishes 2025 annual report highlighting private international law developments The Hague Conference on Private International Law (HCCH) has released its 2025 annual report, noting the creation of two new Experts’ Groups to examine private international law topics linked to Digital Tokens and Carbon Markets. For more information, see: HCCH publishes 2025 annual report highlighting private international law...

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NEWS
Re Eversholt Rail (365) Ltd: ss 235–236 IA 1986 application dismissed—requests must be specific and evidenced; blanket disclosure and privileged material off-limits (Chancery Division, England and Wales)

Webb and another (in their capacity as joint liquidators of Eversholt Rail (365) Ltd (in liquidation)) v Eversholt Rail Ltd and another company [2024] EWHC 2217 (Ch) What are the practical implications of this case? This case serves as a reminder to insolvency practitioners that orders under IA 1986, s 235 and IA 1986, s 236 are not automatic; a cogent justification is needed explaining why specified documents are reasonably required. Requests should be tightly focused in both timeframe and in the categories or classes of documents sought. The judge criticised not only the lack of specificity in the evidence, but also the failure to explain that lack. As the court has a broad discretion and will weigh a range of considerations, a request that is relatively unfocused may still be granted if there is a satisfactory reason it cannot be more precise, for example a complete lack of co-operation from the other side. What was the background? This application was made in relation to Eversholt...

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NEWS
EU and UK sustainable finance and ESG weekly round-up: EFRAG-ISSB interoperability guidance; LMA responds to Transition Finance Market Review (9 May 2024)

EU developments EFRAG and ISSB release guidance on aligning EU and global sustainability reporting standards The European Financial Reporting Advisory Group (EFRAG) and the International Sustainability Standards Board (ISSB) have issued guidance detailing how European and international sustainability reporting standards can interoperate. The aim is to assist businesses that plan to meet both sets of requirements, with a specific emphasis on climate reporting...

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View the related Practice Notes about Specific disclosure

PRACTICE NOTES
UK DTR 2: issuer obligations on disclosure, delay, control and selective disclosure of inside information—FCA/ESMA guidance, case law, COVID‑19 context and enforcement (post‑Brexit UK MAR)

Resource Note This Resource Note signposts key commentary, analysis and materials to aid interpretation and offer practical direction on using Chapter 2 of the Disclosure Guidance and Transparency Rules (DTR 2). Where relevant, it draws on: the Financial Conduct Authority (FCA) Handbook FCA Knowledge Base—Procedural and Technical notes (formal guidance binding on the FCA) FCA consultation and discussion papers, policy and feedback statements, and warnings Primary Market Bulletins and other FCA publications legacy UKLA technical and procedural notes and the UKLA’s newsletter List!, where still pertinent assimilated EU legislation EU Directives and EU Regulations, where helpful to construing a provision Lexis+® UK analysis and resources Setting the scene What it covers: DTR 2 prescribes the framework for issuers to disclose and manage inside information, supporting timely and even-handed release of market-sensitive information. It also identifies specific situations permitting a delay to public disclosure of inside information, together with the safeguards required to keep such information...

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PRACTICE NOTES
Public sector equality duty in Wales: specific duties, equality impact assessments, objectives, gender pay action plans, procurement and enforcement (Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011)

The public sector equality duty (PSED) Set out in Part 11 of the Equality Act 2010 (ss 149–159), the public sector equality duty (PSED) comprises a general equality duty applying UK-wide to public bodies listed in Schedule 19 of the EqA 2010, alongside specific duties intended to support delivery of the general duty and enhance transparency. Although the general duty is identical across England, Wales and Scotland, the specific duties made under EqA 2010, s 153 vary. In Wales, listed public bodies must meet particular specific duties that sit alongside the UK-wide general duty. These specific duties bind listed Welsh bodies only. They do not extend to non-devolved public authorities operating in Wales. Under EqA 2010, s 149, the general duty requires public authorities and those exercising public functions to have 'due regard' to the need to: eliminate discrimination, harassment, victimisation, and any other behaviour prohibited by or under the EqA 2010 advance equality of opportunity between people who share a relevant protected characteristic and...

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PRACTICE NOTES
Witness evidence in civil litigation: selection, interviewing, vulnerability, statements, intermediaries, confidentiality and trial assistance under CPR (England and Wales)

This Practice Note looks at the tasks of pinpointing and interviewing potential witnesses, working with them on their witness statements, and supporting them to give evidence in court. For direction on preparing trial witness statements in the Business and Property Courts, see Practice Note: Trial witness statements in the Business and Property Courts under CPR PD 57AC. It should also be read alongside Practice Note: Courts’ power to manage factual evidence, which explains the courts’ authority to control factual evidence under CPR 32.1 and CPR 32.2(3). Choosing witnesses Witness testimony at trial can be decisive for the success or failure of a claim or the defence of it. This Practice Note outlines how to collaborate effectively with a witness when preparing such evidence. Importance of planning witness evidence In claims that turn mainly on facts, outcome may hinge on whether a particular witness is regarded as credible by the court. Securing witness evidence should be considered at a very early point in the proceedings...

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View the related Precedents about Specific disclosure

PRECEDENTS
Client guide: financial disclosure and Form E in family financial remedy cases

This note offers general guidance about financial disclosure. Your family lawyer will be able to give specific advice tailored to your circumstances. What is financial disclosure? Financial disclosure means providing your spouse or partner, and the court, with complete information about your personal financial position together with your anticipated needs and resources. It is ordinarily the first step your family lawyer will ask you to take, because they cannot advise you properly on the likely outcome of your matter without a clear understanding of where both you and your spouse/partner stand financially. In financial cases, transparency is crucial whatever route you choose to reach an agreement, whether inside or outside the court system. If you commence court proceedings, the court will require both you and your spouse/partner to complete a detailed financial statement (a form known as Form E) before the first hearing. In out-of-court options such as mediation, collaborative law or arbitration, you will usually be asked to use a similar form or document. Why is...

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PRECEDENTS
Conflicts of interest in property transactions: guidance on common interest, competing objectives, lender-borrower, buyer-seller and third-party security

Conflicts, confidentiality and disclosure policy Our Conflicts, confidentiality and disclosure policy outlines our stance on when we may proceed in conflict situations. We also provide guidance for specific [ departments OR types of work ]. This guidance demonstrates how the policy might operate in varying scenarios, but it is not meant to be comprehensive or inflexible. For each matter addressed by these guidelines we must assess whether a conflict exists and, if it does, whether we are able to act...

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PRECEDENTS
Separation agreements in England and Wales: drafting, disclosure, fairness, children, international elements and enforceability - client guide

This document offers only general guidance about separation agreements. Your family lawyer will be able to give specific advice tailored to your circumstances and needs. What is a separation agreement? Spouses or civil partners may make a clear written agreement setting out in detail precisely what they wish to happen to their finances, property and other practical arrangements as a result of a current or planned separation. This document is known as a separation agreement. Such agreements are commonly used by couples who are living apart but do not wish to divorce or dissolve their civil partnership at that particular time, perhaps for religious or practical reasons. The legal position draws on the usual law applying to divorce and dissolution of civil partnership, and on the Supreme Court’s 2010 decision in Radmacher v Granatino, which stated in effect that a nuptial agreement, freely entered into by both parties with a full understanding of its consequences, should generally be given effect unless, in the circumstances prevailing, it...

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View the related Q&As about Specific disclosure

Q&As
Relief from sanctions for late/defective list of documents?

CPR 31.10 contains provisions for the disclosure of documents by way of a list. Obligations to disclose continue until the case is concluded. If additional documents are discovered after a list has been served, a supplementary list must be provided (CPR PD 31A, para 3.3). For broader guidance on disclosure, see Practice Notes: Disclosure under CPR 31—introduction and Disclosure—standard disclosure and the reasonable search. When issuing directions, the court will fix the deadline by which the list must be served on the other party. CPR 31.21: a party cannot rely on a document it has not disclosed unless the court grants permission. CPR 32.10 (witness statements) and CPR 35.13 (experts’ reports) are framed so that, upon default, court permission is required to adduce or rely on that evidence. This points to an application for permission, rather than an application for relief from sanctions, being the more suitable course where these kinds of breaches arise...

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