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United Kingdom
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Disclosure definition What does Disclosure mean? Disclosure describes the process in litigation by which a party identifies, lists and, where not protected by privilege, allows inspection of documents within its control that are relevant to the issues in dispute, including confirming that a document exists or has existed. It covers paper and electronic material (ESI), and carries a continuing duty to preserve and disclose. In England and Wales, disclosure is governed by the Civil Procedure Rules: standard disclosure and inspection under Part 31, and in the Business and Property Courts, initial and extended disclosure under Practice Direction 57AD. Parties must conduct a reasonable and proportionate search, list...
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CPR 31.17 non-party disclosure and CPR 31.18 pre-action: applications, tests, discretion, cross-border issues, confidentiality and costs (England and Wales)
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Practice notes
This Practice Note considers third party Disclosure under CPR 31.17 and CPR 31.18, namely securing disclosure of documents from a third party or other non‑party to the claim. It sets out the process for seeking a third party disclosure order, detailing what must accompany the application, the supporting evidence, and any evidence a non‑party may file in answer to such a request. It also outlines, in practice, the courts’ treatment of these applications, the expense of issuing them, and the costs consequences of complying with a non‑party disclosure order. You should additionally check whether the case is governed by the disclosure regime in the Business and Property Courts. For general guidance on that regime, see: Disclosure Scheme (Business & Property Courts)—overview and Which disclosure rules apply to my claim—flowchart?
How to obtain documents from third parties
At times you may know, or have grounds to believe, that an individual or organisation not joined, and unlikely to be joined, to proceedings (a ‘third party’) holds documents that could matter to your client’s position. There are several mechanisms by which you may seek to secure those materials from such third parties accordingly...
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Web page updated on 28/05/2026
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