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Disclosure
The process formerly known as discovery by which documents are exchanged between parties in litigation in England and Wales.
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Disclosure

The process formerly known as discovery by which documents are exchanged between parties in litigation in England and Wales.  Technically the process has three phases - a) disclosure - making it known that the documents exist by providing the other party with a list, b) inspection - allowing the other party to look at the documents c) the provision of copies.  Typically all three phases are dealt with together.  Unlike the US, production of documents is initially driven by "push" i.e. there is an obligation on a party to disclose their documents which are material to the case.  For full details see CPR 31 and PD 31.

CPR 31PD 2A
It might be contended that CPR 31PD 2A and electronic disclosure are little known or practised outside the Admiralty and Commercial Court ...
Judge Simon Brown (Oct 2009)

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CPR 31PD 2A

It might be contended that CPR 31PD 2A and electronic disclosure are little known or practised outside the Admiralty and Commercial Court. If so, such myth needs to be swiftly dispelled when over 90% of business documentation is electronic in form. The Practice Direction is in the Civil Procedure Rules and those practising in civil courts are expected to know the rules and practice them; it is gross incompetence not to.

Judge Simon Brown (Oct 2009)
Earles v Barclays Bank Plc [2009] EWHC 2500 (Mercantile)
(08 October 2009)

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