Jurisdiction(s):
United Kingdom

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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...

Template client letter: duties, preservation, initial and extended disclosure models, DRD and e-disclosure under the Business and Property Courts Disclosure Scheme (CPR PD 57AD, England and Wales)

Published by a LexisNexis Dispute Resolution expert

Precedents

[ Insert name and address of client ]

[ insert date ]

Dear [ insert name of contact at the client ]

Explaining the disclosure process and your obligations

Thank you for instructing us in relation to [ insert matter name / details ]. [ This letter accompanies our retainer OR Our retainer will follow under separate cover ]. It [ has been confirmed OR is likely OR is possible ] that your dispute with [ describe other parties ] will be determined in the Business and Property Courts [ if it proceeds to formal litigation ]. This letter explains what disclosure under the Disclosure Scheme ( DS ) in the Business and Property Courts involves, and what you must know about the procedure. The DS seeks a fundamental cultural shift in the approach to disclosure in civil litigation. So, even if you have handled disclosure before, please review this note carefully to assess how these changes may affect your case. [ If you have dealt with disclosure before, you may well find that the...

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Web page updated on 27/05/2026

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