Disclosure of documents in civil proceedings in England and Wales

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"Disclosure" is the term given to the stage of the litigation procedure when each party may be required to collect and review potentially relevant documents and then state to the other parties (usually in a formal List) the disclosable documents which exist or have existed. The other party has a right to a copy of those disclosed documents, subject to certain exceptions. This process is known as "inspection". In cases where large numbers of documents are involved, disclosure may be a lengthy exercise involving a significant amount of management time. The cost of that time will not normally be recoverable from the other party. It is nonetheless essential that it is carried out conscientiously, since it can determine the success or failure of a party's case. Also, the parties' solicitors are under a duty to the court to ensure that it is done properly and the consequences of failure are potentially severe.

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