Disclosure: withholding disclosure and/or inspection

Resource type: Practice note

Status: Maintained

Jurisdictions: England, Wales

This practice note considers the circumstances in which documents must be disclosed but need not be made available for inspection, and the circumstances in which documents can be withheld from disclosure. The distinction between the two is very important. Not disclosing documents means not listing them. Therefore the opponent may well be unaware that such documents even exist. Disclosing documents but not permitting inspection puts the opponent on notice that such documents exist.

PLC Dispute Resolution

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Resource ID: 9-203-9826
Products: PLC UK Dispute Resolution, PLC UK Public Sector
This resource is maintained, meaning that we monitor developments on a regular basis and update it as soon as possible.

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Topics

Disclosure: LitigationDisclosure: Litigation (http://construction.practicallaw.com/4-103-1193)

Practice note: overview

Disclosure: an overview Disclosure: an overview (http://ipandit.practicallaw.com/topic5-203-8758)
Privilege: an overview Privilege: an overview (http://ipandit.practicallaw.com/topic2-205-2977)

Practice notes

Disclosure: electronic disclosure: what is it and how do I deal with it? Disclosure: electronic disclosure: what is it and how do I deal with it? (http://ipandit.practicallaw.com/topic6-205-5554)
Disclosure: preparing the list of documents Disclosure: preparing the list of documents (http://ipandit.practicallaw.com/topic8-204-1194)
Disclosure: scoping and conducting a search for documents Disclosure: scoping and conducting a search for documents (http://ipandit.practicallaw.com/topic1-204-1041)
Disclosure: treatment of copies, translations, documents referred to in statements of case and confidential material Disclosure: treatment of copies, translations, documents referred to in statements of case and confidential material (http://ipandit.practicallaw.com/topic7-203-9813)
Disclosure: what is a document and which documents must be disclosed? Disclosure: what is a document and which documents must be disclosed? (http://ipandit.practicallaw.com/topic3-203-9669)
Disclosure: what is it and where are the rules? Disclosure: what is it and where are the rules? (http://ipandit.practicallaw.com/topic6-203-8753)
Disclosure: who must give disclosure and what is the disclosure obligation? Disclosure: who must give disclosure and what is the disclosure obligation? (http://ipandit.practicallaw.com/topic5-203-8980)
Disclosure: who should sign the disclosure statement? Disclosure: who should sign the disclosure statement? (http://ipandit.practicallaw.com/topic9-204-1198)

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