Jurisdiction(s):
United Kingdom

Key definition

Disclosed definition

What does Disclosed mean? In receivables finance (factoring and invoice discounting), disclosed means the debtor is notified that the receivable has been assigned by the client/seller to a receivables purchaser (assignee) and is instructed to pay the purchaser directly. It is a market description rather than a defined statutory term, but it operates alongside statutory and common law rules on assignment and notice. Key legal effects: - After notice, the debtor should pay the assignee; payment to the seller will not usually discharge the debt. - In England & Wales and Northern Ireland, a written assignment with notice can take effect as a...

Challenging authenticity of disclosed documents: CPR 32.19 (England and Wales) - deemed admissions, notice to prove, burden, timing and trial management

Published by a LexisNexis Dispute Resolution expert

Practice notes

This Practice Note

This Practice Note examines the deemed authenticity of Disclosed documents under CPR 32.19, the allocation of the burden of proving a document’s authenticity, when to serve a notice to prove and how this may affect a claim, as well as the civil courts’ approach to authenticity.

This Practice Note should be read alongside:

Disclosure—overview
Inspection—overview
Disclosure—technical glossary

Under CPR 31, a party is taken to admit the authenticity of a document that has been disclosed unless the party seeking to dispute it serves a notice under CPR 32.19.

That notice signifies that the challenger requires the disclosing party to establish the document’s legitimacy at trial.

If no notice is given, but the party disputing authenticity nevertheless cross-examines a witness called by the disclosing party about the document, complications may arise regarding the deemed admission. In practice, the courts adopt a pragmatic stance. Putting questions to the witness does not, of itself, reverse the deemed admission of authenticity by the party who called that witness...

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Web page updated on 27/05/2026

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