2023년 2월 26일 일요일

Explain specific disclosure in English civil procedure.

Specific disclosure is a process in English civil procedure that requires a party to disclose specific documents or information to the other side in the course of a case. The purpose of specific disclosure is to ensure that each party has access to all of the relevant information that is necessary to properly prepare their case and to ensure a fair trial. Specific disclosure may be ordered by the court at any stage of the proceedings, either on its own initiative or in response to an application by one of the parties. The court will generally only order specific disclosure where it is satisfied that the documents or information sought are relevant to the case and necessary for the fair disposal of the proceedings. The procedure for obtaining specific disclosure will generally involve making a written request to the other side, specifying the documents or information that are sought and explaining why they are relevant to the case. If the other side refuses to disclose the documents or information, an application can be made to the court for an order requiring disclosure. If the court orders specific disclosure, it will specify the documents or information that are to be disclosed and the time frame within which they must be disclosed. The party ordered to disclose the documents or information must do so within the specified time frame, and failure to comply with the order can result in a range of sanctions, including fines and adverse inferences being drawn against the party. It is important to note that specific disclosure is not an unlimited right, and there are certain documents or information that may be exempt from disclosure on the grounds of legal professional privilege, confidentiality, or public interest immunity. However, where specific disclosure is ordered, the party ordered to disclose the documents or information must comply with the order to the best of their ability, subject to any valid grounds for exemption.

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