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; [F1or]
(c)paragraph (2) applies ; F2...
F3(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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...
(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)
Textual Amendments
F1Word in rule 31.3(1)(b) inserted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(i) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F2Word in rule 31.3(1)(c) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(ii) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F3Rule 31.3(1)(d) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(iii) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in rule 31.3(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(b) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
Commencement Information