Jurisdiction(s):
United Kingdom

Key definition

Disclosable documents definition

What does Disclosable documents mean? In practice, disclosable documents are the materials a party must identify, list and make available for inspection (or justify withholding, e.g. for legal professional privilege) after a reasonable and proportionate search. They include both helpful and adverse documents, in any format (paper, email, ESI and metadata), within a party’s possession, custody or control. Confidentiality alone does not avoid disclosure. The expression is descriptive rather than a single statutory definition, but its content is shaped by procedure: - England and Wales: CPR Part 31 and, in the Business and Property Courts, PD 57AD. Parties give Initial Disclosure/Extended Disclosure, with a continuing duty to...

Preserving Documents and ESI for Disclosure: CPR 31/PD 31B Duties, Devices, Social Media/WhatsApp, and Sanctions for Breach (England and Wales)

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Practice notes

This Practice Note outlines the duties under Practice Direction 31B, para 7, triggered when litigation is in prospect, regarding the Preservation of documents, together with the implications and factors to weigh for particular aspects of disclosure, including the handling of back-up tapes, computers, notebooks, laptops, portable storage media and handheld devices, as well as social media accounts. It also considers the potential repercussions of failing to retain disclosable material, and the practical issues that may arise. Note: this Practice Note does not address the disclosure scheme in the Business and Property Courts, where preservation obligations equally apply. For that guidance, see: Disclosure Scheme (Business & Property Courts)—overview.

Obligations

CPR PD 31B, which governs disclosure of electronic documents, expressly requires a legal adviser, as soon as they are instructed to deal with a dispute likely to be, or already, allocated to the Multi-track, to advise their client immediately to preserve Disclosable documents. In any case, establishing procedures to ensure potentially disclosable material is retained is prudent wherever you would wish to have to hand any documents that might influence the outcome of the proceedings, and where your client is required to disclose in the proceedings in accordance with those duties...

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Web page updated on 21/05/2026

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