What Is Disclosure of Evidence?
Disclosure is the formal process of exchanging relevant documents between the parties involved in a legal claim. This typically includes:
- Contracts and agreements
- Invoices and payment records
- Correspondence between the parties
- Internal records that relate to the dispute
Each party must disclose all documents that support or adversely affect their case—even if the contents are not favourable.
Which Documents Must Be Disclosed?
You must disclose:
- All documents relevant to the issues in dispute
- Any records you intend to rely on at trial
- Any documents that could assist the other side’s case
However, documents covered by legal privilege, such as communication between you and your solicitor, do not need to be disclosed.
Our Role in Managing Disclosure
At Franklins, we will:
- Identify which documents are legally disclosable
- Ensure your disclosure list is complete, accurate, and compliant
- Protect privileged or confidential communications
- Handle requests from the other party for copies of specific documents
- Minimise risks associated with accidental over-disclosure
Our team will work closely with you to ensure that you meet your legal obligations without weakening your position.
Why It Matters
A failure to properly comply with disclosure rules can:
- Jeopardise your case
- Lead to court sanctions or cost penalties
- Delay proceedings unnecessarily
Early and accurate disclosure builds credibility and can even encourage early settlement.
Speak to a Specialist
If you’re involved in a dispute or pursuing debt recovery through the courts, speak to our litigation team today for expert guidance on the disclosure process.