31.10—(1) The procedure for standard disclosure is as follows.
(2) Each party must make and serve on every other party, a list of documents in the relevant practice form.
(3) The list must identify the documents in a convenient order and manner and as concisely as possible.
(4) The list must indicate—
(a)those documents in respect of which the party claims a right or duty to withhold inspection; and
(b)(i)those documents which are no longer in the party’s control; and
(ii)what has happened to those documents.
(Rule 31.19 (3) and (4) require a statement in the list of documents relating to any documents inspection of which a person claims he has a right or duty to withhold)
(5) The list must include a disclosure statement.
(6) A disclosure statement is a statement made by the party disclosing the documents—
(a)setting out the extent of the search that has been made to locate documents which he is required to disclose;
(b)certifying that he understands the duty to disclose documents; and
(c)certifying that to the best of his knowledge he has carried out that duty.
(7) Where the party making the disclosure statement is a company, firm, association or other organisation, the statement must also—
(a)identify the person making the statement; and
(b)explain why he is considered an appropriate person to make the statement.
(8) The parties may agree in writing—
(a)to disclose documents without making a list; and
(b)to disclose documents without the disclosing party making a disclosure statement.
(9) A disclosure statement may be made by a person who is not a party where this is permitted by a relevant practice direction.
Commencement Information
I1Rule 31.10 in force at 26.4.1999, see Signature