Predating holds

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7.2 Where an expert report refers to a large number or volume of documents and it would be burdensome to copy or collate them, the court will only order inspection of such documents if it is satisfied that it is necessary for the just disposal of the proceedings and the party cannot reasonably obtain the documents from another source.

Back to top 8 Attention is drawn to rule 31.23 which sets out the consequences of making a false disclosure statement without an honest belief in its truth, and to the procedures set out in rule 81.18 and paragraphs 5.1 to 5.7 of Practice Direction 81 - Applications and proceedings in relation to contempt of court.

4.3 Where rule 31.10(7) applies, the details given in the disclosure statement about the person making the statement must include his name and address and the office or position he holds in the disclosing party or the basis upon which he makes the statement on behalf of the party.

4.4 If the disclosing party has a legal representative acting for him, the legal representative must endeavour to ensure that the person making the disclosure statement (whether the disclosing party or, in a case to which rule 31.10(7) applies, some other person) understands the duty of disclosure under Part 31.

4.5 If the disclosing party wishes to claim that he has a right or duty to withhold a document, or part of a document, in his list of documents from inspection (see rule 31.19(3)), he must state in writing: (1) that he has such a right or duty, and (2) the grounds on which he claims that right or duty.

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Rule 31.10(7) and paragraph 4.3 above shall apply to the insurer or the Motor Insurers’ Bureau making such a statement.

Back to top 2A.1 Rule 31.4 contains a broad definition of a document.

This extends to electronic documents, including e-mail and other electronic communications, word processed documents and databases.

2A.2 Practice Direction 31B contains additional provisions in relation to the disclosure of electronic documents in cases that are likely to be allocated to the multi-track. 3.2 In order to comply with rule 31.10(3) it will normally be necessary to list the documents in date order, to number them consecutively and to give each a concise description (e.g. Where there is a large number of documents all falling into a particular category the disclosing party may list those documents as a category rather than individually e.g.

50 bank statements relating to account number _ at _ Bank, _20_ to _20_; or, 35 letters passing between _ and _ between _20_ and _20_.

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