The CPR provides a mechanism to order disclosure in particular circumstances. An application can be made to the Court using a form N244.
If a party believes that the disclosure given by the disclosing party is inadequate a party may apply for an order requiring specific disclosure under CPR rule 31.12(1).
CPR rule 31.12(2) provides that an order for specific disclosure is an order that a party must do one or more of the following things:
- disclose documents or classes of documents specified in the order;
- carry out a search to the extent stated in the order;
- disclose any documents located as a result of that search.
The wording of the CPR is clear in that an application for specific disclosure can only be made against ‘a party’ and, therefore, an order for specific disclosure against a respondent will only be effective if the document required is in their possession or control (CPR rule 31.12(2)).