13.4 Application for specific disclosure

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In furtherance of the overriding objective, all parties are required to disclose relevant documents in their possession.

In addition to making an order for standard disclosure, the Courts may order specific documents to be disclosed, if a party believes that the disclosure is inadequate.

A specific disclosure order can be made under CPR 31.12, which states that:

(2) An order for specific disclosure is an order that a party must do one or more of the following things:

(a) disclose documents or classes of documents specified in the order;

(b) carry out a search to the extent stated in the order;

(c) disclose any documents located as a result of that search.

The duty of disclosure continues throughout the litigation process and an application for specific disclosure can be made if requested documents are not produced.

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