In a court claim each party will have a legal duty to disclose all documents in its possession relevant to the claim, whether they help their case or not. This is all done in the disclosure process so if this has not yet taken place, you need to give them an opportunity to disclose them there first.
If, after the disclosure process, it appears that they have withheld certain documents, you can consider making an application for specific disclosure to the court. This basically means that you are asking the court to order them to disclose certain documents in the case.
Before making an application for specific disclosure, you should first make a written request to your opponent. Failure to correspond with your opponent before making an application may result in cost penalties.
The procedure for making a specific disclosure application is set out in Practice Direciton 31A.5.2 to 31A.5.5. You must:
· File an application notice (Form N244) specifying the order requested. This must be supported by evidence including a statement of belief that the disclosure of documents by the disclosing party is inadequate, which must be supported by a signed statement of truth.
· Specify, in the application notice, the documents or classes of documents sought.
· Pay the court fee (it should be £155).
· File a copy for the court, one for you to retain and one each for service on the other parties to the proceedings.