A summary of the rules of disclosure and an update on the expanding use of electronic disclosure
This is the fifth article in a series focusing on specialist skills and knowledge in civil litigation. We have previously considered the skills needed to prepare court bundles (February 2009); without prejudice correspondence (March 2010); pre-action protocols (June 2010); and legal costs in litigation (August 2010).
When we considered pre-action protocols it was noted that any case rests on the evidence. In particular, the importance of exchanging evidence early was highlighted. What was not considered was exactly how parties disclose evidence.
Parties usually have to disclose information in the following circumstances: