The importance of Disclosure
Disclosure is a key part of any case. The safeguarding of evidence and its subsequent disclosure is a critical to the success of your case.
Why should the Court believe you, if you cannot substantiate what you are saying!
From the first moment that you deal with Steadfast Solicitors, we will take a very active interest in ensuring that your evidence is safeguarded.
In Al Fayed v The Commissioner of Police of the Metropolis  EWCA Civ
780 (2002) 99(3)) LSG 39, Clarke LJ said:
“Standard disclosure is an important aspect of any action. It is an important
part of the duty of any solicitor to put in place a system which ensures that it
is carried out properly and with care.”
The Duty to Disclose
Parties are under a duty to disclose evidence that is relevant to their case. This includes not only documents that assist your case, but documents that undermine it.Documents consist of not only letter and emails, they will include bank statement, telephone records, whats app messages, photos, audio recordings, anything that can throw light on the facts.
It can be seen that in CPR 31 (for the fast track and multi track claims), that each party must serve a report which briefly describes what documents exist or may be relevant to the matter in issue, describe where the documents are located.
As part of the directions, form N265 has to be completed. This form not only refers to documents in the person possession, but documents that are no longer in their possession.
A copy of form N 265 can be found here in the list of Court forms