Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Duty of disclosure definition

What does Duty of disclosure mean? The duty of disclosure describes an applicant’s obligation to provide accurate, relevant information so an insurer can underwrite a life or protection policy. In practice, this centres on answering the insurer’s questions fully and truthfully and not misleading it. In England & Wales, Scotland and Northern Ireland, the duty is set by statute: for consumers (including most life/protection policies), the Consumer Insurance (Disclosure and Representations) Act 2012 replaces any duty to volunteer facts with a duty to take reasonable care not to make a misrepresentation. For non‑consumers, the Insurance Act 2015 imposes a duty of fair presentation of the risk,...

Full and frank disclosure in financial remedies: parties' duties, breach consequences, professional conduct, and third-party disclosure (England and Wales)

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Practice notes

This Practice Note sets out guidance on the continuing obligation of Full and frank disclosure in financial proceedings, and the repercussions of any breach, including the court drawing adverse inferences. It also addresses the Supreme Court rulings in Sharland v Sharland and Gohil v Gohil, the professional obligation not to knowingly mislead the court by supplying incorrect or inaccurate information in relation to Disclosure, and the disclosure of documents to and by third parties.

General principles

There is a continuing duty to give complete, candid and clear disclosure in financial cases. That obligation covers all material facts, documents and any other information relevant to the issues, together with any material developments arising after initial disclosure. Such developments must be communicated to the court and the other party at the earliest opportunity. As Roberts J observed in AB v CD (para [165]), it is not for a party to determine the scope of the duty or the ramifications of disclosure; any information bearing on the outcome must be provided...

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Web page updated on 21/05/2026

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