# Disclosure and inspection: standard disclosure under the CPR

> **Key takeaway:** First: Part 31 or PD 57AD? Standard disclosure (r.31.6): documents relied on, adverse, or supporting — after reasonable search (r.31.7). List + disclosure statement; inspection subject to privilege. Continuing duty. B&PC: model-based disclosure under PD 57AD.

- **Jurisdiction:** England & Wales
- **Practice area:** Civil Procedure
- **Last reviewed:** 2026-08-04
- **Interactive page:** https://kttclegal.info/library/notes/CivilProcedure/disclosure-standard-disclosure
- **Keywords:** disclosure, standard disclosure, CPR 31, PD 57AD, reasonable search, inspection, privilege, list of documents, civil procedure

## What is this about?

Disclosure is the process by which parties identify and make available documents relevant to the issues in dispute. Under the mainstream CPR regime, 'standard disclosure' (CPR 31) remains the default model in many multi-track cases, while the Disclosure Pilot / PD 57AD regime for the Business and Property Courts uses a different menu of disclosure models. Knowing which regime applies is the first practical step.

## What is the core rule?

Where CPR Part 31 standard disclosure applies, a party must disclose documents on which it relies, documents that adversely affect its own case or another party's case, or support another party's case, and documents required by a relevant practice direction — after a reasonable search (CPR 31.6–31.7). Disclosure is by list, with a disclosure statement; inspection follows subject to privilege and other objections. The duty is ongoing. In B&PC cases under PD 57AD, parties instead engage in Disclosure Review Documents and model-based disclosure orders rather than classic standard disclosure by default.

## What are the elements or test?

1. Confirm the applicable regime: CPR Part 31 standard disclosure vs PD 57AD (Business and Property Courts disclosure scheme)
2. Under Part 31: identify issues; carry out a reasonable search (factors in r.31.7); complete list and disclosure statement
3. Classify documents: rely / adverse / support / PD-required (r.31.6)
4. Assert privilege or other inspection objections properly; do not conflate non-disclosure with refusal of inspection
5. Comply with the continuing duty; update if new documents come to light

## Which authorities matter?

- **Civil Procedure Rules, Part 31 (especially rr.31.5–31.19)** — Core rules on disclosure, standard disclosure, search, inspection, and privilege claims under the traditional regime.
- **Practice Direction 57AD — Disclosure in the Business and Property Courts** — Menu of disclosure models and procedure replacing default standard disclosure for cases within its scope.
- **Three Rivers District Council v Bank of England (No 6) [2004] UKHL 48, [2005] 1 AC 610** — Leading modern House of Lords authority on legal advice privilege scope (confidential communications for legal advice).

## How does this apply in practice?

Always check court guide and whether PD 57AD applies before preparing a classic standard-disclosure list. Electronic documents and keyword/custodian parameters dominate modern searches. Privilege, without-prejudice, and public-interest immunity are separate grounds for withholding inspection. Specific disclosure applications (r.31.12) remain available where the initial process is inadequate.

## What are common pitfalls?

- Running a Part 31 standard-disclosure process in a PD 57AD case (or vice versa) without checking the governing scheme
- Under-searching electronic repositories and calling it a 'reasonable search'
- Over-redacting or withholding without a proper privilege basis
- Treating disclosure as a one-off event and missing the continuing duty

## When would a practitioner use this?

Relevant when preparing lists of documents, advising on search scope, challenging inadequate disclosure, or asserting privilege.

## Quick reference

First: Part 31 or PD 57AD? Standard disclosure (r.31.6): documents relied on, adverse, or supporting — after reasonable search (r.31.7). List + disclosure statement; inspection subject to privilege. Continuing duty. B&PC: model-based disclosure under PD 57AD.

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*Reference material from [KTTC Legal](https://kttclegal.info/), not legal advice. Work product supports instructing solicitors and barristers under their supervision. England & Wales.*