What does Specific disclosure mean? Specific disclosure describes a targeted court order requiring a party to disclose identified documents or narrowly defined categories, usually where standard disclosure/discovery is inadequate or a focused search is more proportionate to the issues. In England and Wales, the Civil Procedure Rules permit such orders (commonly termed “specific disclosure”) under CPR 31.12; in the Business and Property Courts, CPR 57AD (Extended Disclosure) provides equivalent, issue‑focused mechanisms. An applicant should specify the documents or classes with reasonable particularity and show the order is necessary for the fair disposal of the claim or to save costs, and is proportionate. The court will not...
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This Practice Note offers guidance on applying for Specific disclosure or specific Inspection under CPR 31.12. It explains why such an Application might be pursued, when it should be made, and addresses bids for specific disclosure both before and after Disclosure. It outlines what to include in the application notice, the supporting evidence, and any draft order. It also describes the court’s power to require a party to ask any person to produce, for disclosure and inspection, any document that may assist their case or negatively affect the case of any party to the proceedings. This Practice Note should be read alongside:
Practice Notes:
Precedents:
Note: from 6 April 2026, CPR 31.12A provides that the court can also order a party to request any person (ie a third party outside the claim) to produce for disclosure and inspection any document which as very clearly set out above...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...