The Court of Protection Rules 2017

General or specific disclosureE+W

This section has no associated Explanatory Memorandum

16.2.—(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.