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Super Short Mind Map DR 11 - Coggle Diagram
Super Short Mind Map DR 11
Duty to disclose
Proportionate to case
Relevant to search
Standard disclosure
Fast and multi-track
Harms or supports their case or opponent's case
What must be disclosed?
Docs 'controlled'
Possession
Right to access
Had but no longer have
Must list
inspection status
Can inspect
Object to inspecting
No longer in control, when last controlled, where they are now
Orders for disclosure
within first Directions Order
Timelines for disclosure
28 days from serving of disclosure order
Inspection within 7 days
File Disclosure report at least 14 days before first CMC
Challenging insufficient disclosure
Apply for specific disclosure
Specific disclosure order -
reason to believe may contain relevant docs
or will lead to
train of inquiry
showing the same
Written request should go first
Notice to admit facts
Unless order
Multi-track disclosure - Disclosure Report
Filed
at least 14 days before first case management conference
; or with Directions Questionnaire
Attempt to agree on what to disclose
Defendant files defence
2. Court sends parties
Notice of
Proposed Track allocation
(Provisional/Initial allocation made here - different from Notice of Intended Allocation) 3. Court sends Directions Questionnaire 4. On receipt of
Directions Questionnaire,
Court confirms the track (Notice of Intended Allocation) and makes
Directions
, or lists case for
Case Management Conference
5. Court sends
Directions Order
Small claims disclosure
Necessary and proportionate to case
Reasons to reject inspection
Legal advice privilege
Litigation prviiegle (with
third parties
)
Common interest privilege
WIthout prejudice privilege
Public interest immuniuty