Disclosure
The term “disclosure” refers to the process of sharing relevant information and documents between the parties involved in a legal case. It is a crucial step in the litigation process as it ensures transparency and allows each party to have access to the necessary evidence to support their case.
During disclosure, both the claimant and the defendant must disclose all documents and information relevant to the issues in the case. This includes documents that support their claim or defence, as well as documents that may harm their own case or support the other party’s position.
For example, in a personal injury claim arising from a car accident, disclosure may involve the exchange of documents such as accident reports, witness statements, medical records, and insurance policies. These documents can help establish the facts of the accident, the extent of the injuries, and the potential liability of the parties involved.
The purpose of disclosure is to ensure fairness and allow each party to prepare their case properly. It helps prevent surprise or ambush tactics during litigation and promotes the principle of equality of arms. By disclosing relevant information, both parties can assess the strength of their case, consider settlement options, and make informed decisions about how to proceed.
It’s important to note that not all documents are subject to disclosure. There are rules and guidelines in place under Section 31 of the Civil Procedure Rules 1998 to determine what information must be disclosed and what can be withheld based on factors like privilege or legal restrictions.
During the disclosure process, parties are required to create a list of the documents they possess, known as a “disclosure list.” This list should be comprehensive and include all relevant documents, whether they are helpful or unfavourable to their case.
By promoting transparency and ensuring that all parties have access to relevant information, disclosure plays a crucial role in the fair resolution of legal disputes, including personal injury claims.
