Chapter 16 Case study documentation

Disclosure and Inspection

Case study questions: Andrew James Pike v Deep Builders Limited

Before tackling these questions, you should:

  • Read the Chapter 16 on Disclosure
  • Read Practice Directions 27, 28 and 29 in relation to Standard Directions and CPR Part 31 and the Practice Direction
  • Print off a blank form N265 List of Documents.

Acting for the defendant

Assume it is 16th December 20?? and you are a trainee with the defendant’s solicitors. You have just received this letter dated 14th December 20?? from LPC & Co enclosing the claimant’s List of Documents. 

Question 1

What directions orders could be made in this case? When do they come into effect? When is there a duty to give disclosure? Which documents do you have to disclose, but withhold from inspection? 

Question 2

Draft a letter replying to the letter of 14th December 20??. You will, of course, need to consider whether there are any documents which you would wish to see and for which you would want to ask the other side. 

Suggested answers to case study questions are available here to download.

Answer Example