Jurisdiction(s):
United Kingdom
Related legal acts
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...

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Client letter on CPR 31 disclosure: preservation, reasonable searches, electronic documents (EDQ), privilege, inspection and costs (England and Wales)

Precedents
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Private, confidential & PRIVILEGED

[ Insert name and address of client ]

[ insert date ]

Dear [ insert name of contact at the client ]

Your obligations in the disclosure process

Thank you for your instructions in this matter. [ This letter sits alongside our retainer letter OR Our retainer letter will be sent separately ]. [ The purpose of this letter is to inform you that OR As we have already discussed, ] you are under a duty to the court to identify every document relevant to this case and to supply them to your opponent. This stage is known as “disclosure”. It is a fundamental part of litigation, and we therefore need to begin preparing without delay.

As your legal representative, I must not only set out the nature and extent of your obligations, but also oversee the exercise to ensure you make a full and proper disclosure of all relevant documents. I will be in contact shortly to arrange a meeting to discuss the necessary steps so that we can commence the process...

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Web page updated on 28/05/2026

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