The Importance of Understanding Disclosure Obligations in Litigation

Introduction

2024 has been a busy year for the Courts, and therefore for case management. The key parts of the CPR, Part 31 and its Practice Direction, set out the rules for one of the most important aspects to Litigation: Disclosure. This distinct phase of proceedings requires the Parties (whether 2, or several) to tackle the matter of evidence. The Court pays close attention to Disclosure as a matter of balancing access to justice and efficient and proportionate case management.

In addition, in practical terms, Disclosure activities provide the Parties with opportunities to carefully interrogate their own case and to strategically review their opponent’s. Depending on outcomes, and newly reviewed strengths and weaknesses of evidence, a Party’s case may (have to) change.

Thus, from all angles, Disclosure is an important milestone.

This webinar focusses on the legal requirements for Disclosure, the step-by-step process and the practical steps. It then explores review opportunities. Recent cases will be highlighted with practical tips: ongoing hearings in Duke of Sussex v MGN (re: proportionality, weight); Dixon v North Bristol NHS Trust (re: investigations and data protection interface); Ayannuga & Ors v One Shot Products Ltd (re: retention), and Vardy v Rooney (re: extent of disclosure and evidence preservation).

The webinar is designed for individuals advising on and managing Civil Court proceedings. It will be especially relevant to practising lawyers, paralegals, junior barristers, case managers and case assistants. It applies across industry and whether in the private or public sector.

What You Will Learn

This webinar will cover the following:

• Disclosure - the backdrop and 2024 so far
• CPR 31
• The Rules
• The Practice Direction
• New Practice Direction 57AD
• The Statement
• Disclosure in practice
• Your case
• Your opponent’s/opponents’ case(s)
• Assessing strengths and weaknesses in order to forward
• Latest Court cases
• Summary take-aways

This pre-recorded webinar will be available to view from Wednesday 4th December 2024

Alternatively, you can gain access to this webinar and 1,700+ others via the MBL Webinar Subscription. Please email webinarsubscription@mblseminars.com for more details.