List of documents | Practical Law

List of documents | Practical Law

List of documents

List of documents

Practical Law UK Glossary 7-205-6237 (Approx. 4 pages)

Glossary

List of documents

For cases subject to the disclosure regime in Civil Procedure Rule (CPR) 31, Practice Direction (PD) 31A and PD 31B, a form (usually Form N265) in which parties to civil proceedings state what relevant documents they have, or have had, within their control.
This is a requirement under the procedure for giving standard disclosure (see CPR 31.10(2) and PD 31A.3.1 to 3.3). Lists are also likely to be required in cases where an order for something other than standard disclosure is made.
The list of documents contains separate sections for:
  • Documents that a party has, and will allow its opponent to inspect.
  • Documents that a party has, but for which it claims a right or duty to withhold inspection.
  • Documents that a party had but no longer has.
Parties must state where they searched for documents (including electronic documents) and explain any ways in which they limited their searches. The list must be verified by a disclosure statement.
CPR 31.10(8) allows parties to agree in writing to disclose documents without making a list, and to disclose documents without the disclosing party making a disclosure statement.
PD 31B.30 makes certain adjustments to the requirements in PD 31A.3.1 to 3.3, where electronic documents are being disclosed.
For more information about lists of documents under the CPR 31 regime, see Practice notes, Disclosure: preparing the list of documents and Disclosure: exchange of lists and inspection.
There is also a requirement for lists of documents in cases in the Business and Property Courts that are subject to PD 57AD ("Disclosure in the Business and Property Courts"), unless dispensed with by agreement or order. However, the specific requirements (for example, regarding the format of the list) are different (see the definition in paragraph 1.9 of Appendix 1 to PD 57AD).
For details of our comprehensive content on the approach to disclosure under PD 57AD, see Disclosure in the B&PCs toolkit.