Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

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...

POCA 2002 Disclosure Orders: Grounds, Applications, Procedure, Territorial Limits, Discharge, Offences and Key Case Law (England and Wales)

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Practice notes

What is a Disclosure order?

In broad terms, a disclosure order is a directive permitting a formal demand for information, and the Recipient is under a duty to comply. Non-compliance is typically enforceable by penal Sanctions, reflecting the seriousness of the obligation imposed. The making of such orders, specifically for investigations concerned with the proceeds of crime, is governed by section 357 of the Proceeds of Crime ACT 2002 (POCA 2002). Under this section, the court may grant a disclosure order which, in turn, empowers an ‘appropriate officer’ to serve a written notice (an information notice) on any individual believed to hold material relevant to the inquiry, obliging that person to:

either answer questions at a specified time or immediately, at a place identified in the notice
supply the information set out in the notice, by the stated time and in the stated manner
produce documents, or categories of documents, named in the notice, either at or by the specified time or forthwith, and in the specified manner required

For the purposes of POCA 2002, Pt 8, relevant information means documentary or other material which the officer considers to be pertinent to the investigation...

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