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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.

Peruvian Guano
I am concerned above all to emphasise that the switch from Peruvian Guano discovery to CPR standard disclosure should be properly taken on board by litigants and their advisers.
Lord Justice Rix

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Peruvian Guano

I am concerned above all to emphasise that the switch from Peruvian Guano discovery to CPR standard disclosure should be properly taken on board by litigants and their advisers.

Lord Justice Rix
Nichia Corp v Argos Ltd [2007] EWCA Civ 741 (19 July 2007).

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