Carruthers Law

Specific Disclosure.

January 24, 2012

Specific Disclosure Part 31

If one party believes that the others disclosure is inadequate he or she can make an application to the court for specific disclosure.

An application notice much specify the order which the applicant intends to ask the court to make and supportive evidence.

The grounds on which the order for specific disclosure is sort must be set out in the application notice but if not it must be set out in the evidence in support of the application.

When considering whether or not to make an order for specific disclosure the court will take into account all the circumstances of the case and in particular the overriding objective. If the court decides that the party from whom disclosure is sort has failed to adequately comply with the obligations imposed under the rules for disclosure, the court will usually make such an order to ensure that their duties and obligations are complied with.

An order for specific disclosure may in an appropriate case direct a party to carry out a search for documents which it is reasonable to suppose contains information which may;

• allow the party who applied for specific disclosure to advance his case or damage that of a party from whom disclosure is requested
• May lead to a trail of enquiry which may lead to either of those consequences
• Disclose any documents as a result of that search.