Disclosure List Of Documents: UK lawyer explains why you must exchange evidence with the person at fault to make a claim for compensation following an accident
Disclosure list of documents: Find out what a disclosure list of documents is, the evidence you must provide to support a claim for compensation, the documents you can inspect from the person at fault.
What is disclosure list of documents in an accident claim for compensation?
”Disclosure of documents” is a legal term used to describe the requirement on you and the person you hold responsible for your accident to provide a written list of all relevant documentary evidence.
The list is known as a “disclosure list of documents”.
Once you have received the list of documents – you can request to see or to be sent copies of the documents you choose. The process of seeing relevant documents in known as “inspection of documents”.
What is classed as relevant documentation depends upon the type of compensation claim you are making. Some examples of that documentation will include:
1. Accident at work claims
In an accident at work claim the defendant will have some documentation that will assist you in your claim. This documentation will include accident report entries, risk assessment prior to your accident, further risk assessments following your accident, reports to the health and safety executive (RIDDOR report – Reporting Of Injuries, Diseases And Dangerous Occurrences Regulations).
To see the article I have written setting out the documents your employer should keep following an accident click accident in the workplace.
2. Road traffic accidents
In a road traffic accident claim, the driver at fault should provide documentation which should include current motor insurance details, MOT details of the vehicle that caused the accident.
Click motor accident claim to see all the documents that will help you make a claim.
3. Industrial disease claims – noise induced hearing loss, dust inhalation related lung conditions, vibration white finger, etc.
Industrial disease claims will have certain unique documentation depending on the type of disease you have suffered from. If, for example the disease is a noise reduced hearing loss- your employer should provide documentation relating to noise surveys of the factory, warning notices and information leaflets provided to employees, purchase records of ear protection allegedly provided, etc.
At what stage is a disclosure list of documents necessary?
There are two primary stages when disclosure of documents can be requested:
1. In a letter of claim
The first official notice that you intend to make a claim from the person you believe at fault for your accident is known as a letter of claim. Within the letter of claim a request is made for the person responsible to provide all relevant documentation within a 3 month period.
2. Following the issue of proceedings
When you commence a claim at court you do what is known as issue proceedings. If a Defence is produced by the person at fault the court will set a timetable for steps to be taken by both you and the other side.
The court will assign a deadline for both parties to simultaneously disclose documents-which is already provided in the list of documents they have.
The other party thereafter has the right to make a request for sight of documentation they would like to see.
In the case of a claim for accident compensation when the person at fault sends copies of the documents to you that has been included in the disclosure list – this is known as “inspection”.
Are there documents that do not need to be included in a disclosure list of documents?
“Yes”- certain documentation is considered privileged and as such will not need to be included in the disclosure list of documents.
Such documents will include correspondence between you and your solicitor, documentation sent from one solicitor to another marked “without prejudice” and other documents also considered sensitive.
Please remember – neither you nor the person you are making your claim against has the right to withhold relevant documentation from the list even if this document could prejudice your claim.
In UK law it is considered in the interest of justice that the parties adopt a cards on the table approach. In other words all the evidence must be made available no matter how harmful to your case or the person’s at fault Defence. This must take place as soon as possible to allow a fair decision to be made by the court and to allow a claim to resolve as quickly as possible without the need for expensive court action.
Summary of Disclosure List Of Documents
On this page I have set out what disclosure list of documents in a claim for accident compensation is, when disclosure should take place and the types of documentation that should be included in the list.
Click disclosure list of documents to speak with me directly should you wish to discuss what documentation you feel should be included in a disclosure list of documents.