PART 16DISCLOSURE

General or specific disclosure16

1

The court may either on its own initiative or on the application of a party make an order to give general or specific disclosure.

2

General disclosure requires a party to disclose—

a

the documents on which that party relies; and

b

the documents which—

i

adversely affect that party's own case;

ii

adversely affect another party's case; or

iii

support another party's case.

3

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; or

c

disclose any document located as a result of that search.

4

A party's duty to disclose documents is limited to documents which are or have been in that party's control.

5

For the purposes of paragraph (4) a party has or has had a document in that party's control if—

a

it is or was in that party's physical possession;

b

that party has or has had possession of it; or

c

that party has or has had a right to inspect or take copies of it.