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United Kingdom

Key definition

List of documents definition

What does List of documents mean? A list of documents is the schedule a party serves in civil litigation identifying documents in its control that it will disclose and those withheld (for example on grounds of legal professional privilege), so the other side can seek inspection. It typically describes documents, states their location or custodian (including electronic sources), and indicates any documents no longer in the party’s control. Service of the list opens the inspection stage and non-compliance may attract case management sanctions. In England and Wales, outside the disclosure pilot, standard disclosure under the CPR is commonly given by serving Form N265 (List of Documents) with...

Relief from sanctions for late/defective list of documents?

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CPR 31.10 contains provisions for the disclosure of documents by way of a list.

Obligations to disclose continue until the case is concluded. If additional documents are discovered after a list has been served, a supplementary list must be provided (CPR PD 31A, para 3.3). For broader guidance on disclosure, see Practice Notes: Disclosure under CPR 31—introduction and Disclosure—Standard disclosure and the Reasonable search. When issuing directions, the court will fix the deadline by which the list must be served on the other party.

CPR 31.21: a party cannot rely on a document it has not disclosed unless the court grants permission.
CPR 32.10 (witness statements) and CPR 35.13 (experts’ reports) are framed so that, upon default, court permission is required to adduce or rely on that evidence.

This points to an application for permission, rather than an application for relief from Sanctions, being the more suitable course where these kinds of breaches arise...

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Web page updated on 27/05/2026

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