One of the striking aspects of the recently introduced changes has been that, although there is a requirement for those with the conduct of the matter to file and serve a disclosure report, there has been no guidance as to what format that Report should take.
The new Rule 31.5(3) simply provides that, not less than 14 days before the first case management conference each party must file and serve a report verified by a statement of truth, which:
(a) describes briefly what documents exist or may exist that are or may be relevant to the matters in issue in the case;
(b) describes where and with whom those documents are or may be located;
(c) in the case of electronic documents, describes how those documents are stored;
(d) estimates the broad range of costs that could be involved in giving standard disclosure in the case, including the costs of searching for and disclosing any electronically stored documents; and
(e) states which of the directions under paragraphs (7) or (8) are to be sought
Until recently our advice has been to complete an Electronic Documents Questionnaire – which covers the broad issues and is in a format that will be familiar to the Courts and then keep the actual “report” short – containing just a conclusion and outline of what is proposed. (In this connection it is worth noting that the Rules explicitly contemplate that an EDQ may be served in addition to the Report.)
With a striking lack of fanfare, the Ministry of Justice has now published N263 Disclosure Report Form.
Unfortunately, the Ministry of Justice form in some ways complicates – rather than simplifies – matters.