PART 31E+WDISCLOSURE AND INSPECTION OF DOCUMENTS

Modifications etc. (not altering text)

Right of inspection of a disclosed documentE+W

31.3—(1) A party to whom a document has been disclosed has a right to inspect that document except where—

(a)the document is no longer in the control of the party who disclosed it;

(b)the party disclosing the document has a right or a duty to withhold inspection of it; F1...

(c)paragraph (2) applies [F2; or]

[F3(d)rule 78.26 applies.]

(Rule 31.8 sets out when a document is in the control of a party)

(Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

[F4(Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)]

(2) Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b)—

(a)he is not required to permit inspection of documents within that category or class; but

(b)he must state in his disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

(Rule 31.6 provides for standard disclosure)

(Rule 31.10 makes provision for a disclosure statement)

(Rule 31.12 provides for a party to apply for an order for specific inspection of documents)