• PART 13 PART 13 — Disclosure And Inspection Of Documents

    • 85. Scope of disclosure

      (1) The following rules about disclosure and inspection of documents apply to all proceedings and claims brought in the Courts.
      (2) A party discloses a document by stating by way of a disclosure statement that the document exists or has existed.

    • 86. Order for disclosure

      (1) Pursuant to and except as provided by practice directions, the Court can make an order for disclosure in relation to any documents it considers relevant to the subject of the proceedings at any time prior to or after the commencement of proceedings.
      (2) An order to give disclosure is an order to give standard disclosure unless the Court directs otherwise.
      (3) Standard disclosure requires a party to disclose all the documents on which he will rely at trial, except for documents that have already been submitted by another party.
      (4) The Court may dispense with or limit standard disclosure; and the parties may agree in writing to dispense with or limit standard disclosure.
      (5) The Court may make an order for further or specific disclosure or for inspection of documents in the possession of any party, if it is satisfied that it is appropriate that it should do so.
      Amended on December 11, 2017

    • 87. Duties where disclosure required

      (1) When giving disclosure, a party is required to make a reasonable search for documents falling within the terms of the order.
      (2) A party's duty to disclose documents is limited to documents which are or have been in his control.
      (3) Any duty of disclosure continues until proceedings are concluded, and if documents to which that duty extends come to a party's notice at any time during the proceedings he must immediately notify every other party.
      Amended on December 11, 2017

    • 88. Order against a non-party

      (1) Where an application is made to the Court under any ADGM enactment for disclosure by a person who is not a party to the proceedings, the application must be supported by evidence and served according to practice directions.
      (2) The Court may make an order under this Rule only where the documents of which disclosure is sought are likely to support the applicant's case, or adversely affect the case of one of the other parties to the proceedings and disclosure is necessary in order to dispose fairly of the claim.
      Amended on July 9 2020

    • 89. Use of disclosed documents

      (1) Except as provided by practice directions, a party to whom a document has been disclosed may use the document only for the purpose of the proceedings in which it is disclosed.
      (2) The Court may make an order restricting or prohibiting the use of any document which has been disclosed.

    • 90. Right of inspection

      (1) A party may inspect any document which is referred to in an opposite party's statement of case and is under the control of that party.
      (2) A party to whom a document has been disclosed has a right to inspect that document except where the document or a copy of it is no longer in the control of the party who disclosed it, or the party disclosing the document has a right or a duty to withhold inspection of it, including (without limitation) privileged documents.
      (3) Where a party considers that he has a right or a duty, including (without limitation) as to privilege, to withhold inspection of a document or part of a document, he is not required to permit inspection of that document or part of that document; but he must state in his disclosure statement that inspection of the whole or part of that document will not be permitted, that he has a right or a duty to withhold inspection; and the grounds on which he relies.
      (4) Where a party inadvertently allows a privileged document to be inspected, the party who has inspected the document may only use it or its contents with the Court's permission.

    • 91. Failure to disclose or to permit inspection

      (1) A party may not rely on any document which he fails to disclose or in respect of which he fails to permit inspection unless the Court gives permission.
      (2) Proceedings for contempt of court may be brought against a person if he makes, or causes to be made, a false disclosure statement, without honest belief in its truth.