Disclosure: preparing the list of documents

This note focuses on the requirements when preparing a list of documents for the purposes of giving standard disclosure under the procedure in CPR 31.10 (in cases subject to the disclosure regime governed by Civil Procedure Rule (CPR) 31, Practice Direction (PD) 31A and PD 31B).

Disclosure in the B&PCs: this note refers only briefly to the requirements for cases subject to PD 57AD ("Disclosure in the Business and Property Courts"). PD 57AD took effect on 1 October 2022, implementing on a permanent basis the procedures that previously applied under the Disclosure Pilot Scheme (under what was PD 51U). For details of our content on the approach to disclosure under PD 57AD (and its predecessor, PD 51U), see Disclosure in the B&PCs toolkit.

Changes to CPR 28.2 and CPR 31.5 under the Civil Procedure (Amendment) Rules 2024 (SI 2024/106): Changes to CPR 28.2 implemented on 6 April 2024 appear to have been incorrectly applied on the justice.gov.uk website. Further, the apparently intended changes to CPR 28.2 and CPR 31.5 have led to a lack of clarity regarding the approach to disclosure. We have sought clarification from the Civil Procedure Rule Committee and will update our materials once the position has been clarified. For more details, see Legal update, Disclosure: potential confusion regarding changes to CPR 28.2 and CPR 31.5.