UK: Disclosure Reports – Start Thinking Early

Last Updated: 11 November 2013
Article by Lucinda Barker

Summary and implications

As part of the so called 'Jackson Reforms', parties to multi-track litigation are now required to file a report at least 14 days prior to the first Case Management Conference (CMC) which provides details of what documents each party has and where the documents are stored or located (a Disclosure Report).

This means that parties must start to consider disclosure issues and what documents they possess at a much earlier stage in the litigation process and preferably from the outset.

As soon as litigation is in contemplation, parties should start to try to identify:

  • what potentially disclosable documents are in their possession;
  • where these documents are located;
  • how these documents are stored (in case of electronic documents); and " the approximate volume of the documents.


The Jackson Reforms, which came into force on 1 April 2013, have introduced a number of mechanisms aimed at ensuring that the costs incurred in litigation proceedings are proportionate to the amount in dispute and the complexity of the case.

Going forward, the courts will be taking a much more active role in managing the costs of the litigation process and, as part of that process, each party must file and serve a Disclosure Report not less than 14 days before the first CMC.

In addition, at least a week before the CMC, the parties must also discuss and seek to agree a proposal for disclosure. In fact, it would be prudent to meet some time before the Disclosure Report needs to be filed at court.

What is a Disclosure Report?

In short, the Disclosure Report enables parties to set out:

  • what categories of relevant documents exist (such as project correspondence, meeting minutes, site diaries, progress reports, photographs, programmes, emails etc.);
  • the location of the relevant documents. For electronic documents, this could include information regarding what type of software, media or equipment documents are stored on, such as servers, document management systems, hand-held devices, removable storage devices or PCs. For hard copy documents, information regarding off site storage facilities might be relevant;
  • a broad range of what costs are involved in giving standard disclosure; and
  • which disclosure option the party is seeking from the court.

The Disclosure Report form (Form N263) is very short on space and so it may be difficult to provide much detail. Where the parties have a large volume of electronic documents they may wish to set out more details about their documents in an "Electronic Documents Questionnaire" (see Form N264) which should accompany the Disclosure Report when it is filed at court.

As part of the Jackson Reforms, standard disclosure should no longer be considered the default option and parties are encouraged to consider from a 'menu' of disclosure options including:

  • dispensing with disclosure altogether;
  • only disclosing documents on which the parties rely (together with an option to apply for specific disclosure);
  • disclosure on a "train of enquiry" basis i.e. disclosing documents which may lead to a train of enquiry; or
  • disclosing documents on an issue by issue basis.

In order for parties to be able to properly consider which disclosure option will be suitable to the case in question and to enable them to have a meaningful dialogue regarding disclosure prior to the first CMC, it will be necessary for each party to have a good understanding of the categories and volume of documents that it possesses and the issues in dispute.

To assist with this information gathering exercise, clients often benefit from appointing someone internally to take responsibility for and to oversee the disclosure process (including the initial investigation regarding document sources and location). Alternatively, some clients have also found it useful for lawyers to spend some time at their offices to gather information on what documents exist, how many there are and where they are stored.

Recent experience shows that the TCC tends to fix the first CMC at a very early stage in the proceedings (generally prior to any defence being served) and this can make it difficult for the parties to have a meaningful discussion regarding disclosure in advance of the first CMC (particularly in circumstances where there may be a counterclaim). Until it is clear what issues will be relevant to the proceedings it is difficult to establish the scope and extent of disclosure that will be required.

In addition, it is also difficult to provide the court with an accurate estimate of the costs each party is likely to incur in giving standard disclosure.

What is the significance?

The significance of the new disclosure requirements is that parties to litigation must now start thinking about disclosure and, most importantly, the costs of disclosure at a much earlier stage of proceedings and preferably as soon as litigation is in contemplation.

Without understanding the potentially disclosable documentation, the parties and their legal representatives will find it very difficult to have a meaningful discussion about the best way to approach disclosure or properly to estimate the costs of disclosure, running the risk that their budget is wildly wrong. If the costs of disclosure should escalate beyond the budget provided to the court, it is likely that the winning party will not be able to recover the shortfall from the losing party.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at and we will use commercially reasonable efforts to determine and correct the problem promptly.