Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

e-disclosure definition

What does e-disclosure mean? e-disclosure describes the identification, preservation, search, review and production of electronically stored information (ESI)—such as emails, office files, databases, messaging apps, social media, metadata, cloud and mobile data—for use in litigation, arbitration and regulatory investigations, as distinct from hard‑copy documents. It is a descriptive term rather than a statutory definition. In England and Wales, the Civil Procedure Rules refer to disclosure of electronic documents. In the Business and Property Courts, Practice Direction 57AD governs disclosure, requiring cooperation, proportionality and the Disclosure Review Document; guidance for electronic documents in other courts is addressed in Practice Direction 31B. Courts accept the...

Identifying, preserving and collecting documents for disclosure under CPR Part 31 and PD 57AD (England and Wales)

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Practice notes

This Practice Note outlines how to identify documents relevant to the issues in dispute that may need to be disclosed under CPR Part 31, and provides guidance on interpreting and applying the pertinent CPR provisions. Depending on the court, additional provisions may apply—see Court specific guidance below.

Initial stages

On receipt of instructions, ask the client about, and review, the entire universe of documents within their control. Also enquire how the client manages and stores information, with particular focus on electronic material. For background on electronic documents, see Practice Note: Electronic disclosure—CPR Practice Direction 31B—Guidance on scope of e-disclosure.

The client may not know or wish to engage at that point, but it is prudent to persevere so that any later disclosure exercise is manageable. See Practice Notes: Disclosure—solicitors' obligations and Disclosure: parties duties.

This enables you to isolate potential issues around preservation, access or inspection of the client’s electronic documents. Solutions and/or strategies to address these can then be agreed, including the engagement of any third...

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Web page updated on 12/06/2026

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