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The standard discovery obligations are narrower in two main aspects :-
(a)
First, the classes of documents which the parties' are obliged to disclose are
limited to those which are "directly relevant" as described in Proposal 25.
(b)
Secondly, the parties are only obliged to make a reasonable search for such
documents, reasonableness being judged by the factors mentioned in Proposal
26.
If adopted, parties would not be required (unless ordered to do so by the court) to
disclose documents which may be broadly relevant as "background" to the matters in
issue, but which cannot be said to advance or damage any party's case. Nor would
they have to list "train of inquiry" documents.
Notes
As per CPR 31.6.
As per CPR 31.7(2).
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