Rule 31.19 Claim to withhold inspection or disclosure of a documentI1

England and Wales

(1)

A person may apply, without notice, for an order permitting him to withhold disclosure of a document on the ground that disclosure would damage the public interest.

(2)

Unless the court orders otherwise, an order of the court under paragraph (1)—

(a)

must not be served on any other person; and

(b)

must not be open to inspection by any person.

(3)

A person who wishes to claim that F1they have a right or a duty to withhold inspection of a document, or part of a document, must state in writing—

(a)

that they have such a right or duty; and

(b)

the grounds on which F2they claim that right or duty.

(4)

The statement referred to in paragraph (3) must be made—

(a)

in the list in which the document is disclosed; or

(b)

if there is no list, to the person wishing to inspect the document.

(5)

A party may apply to the court to decide whether a claim made under paragraph (3) should be upheld.

(6)

For the purpose of deciding an application under paragraph (1) (application to withhold disclosure) or paragraph (3) (claim to withhold inspection) the court may—

(a)

require the person seeking to withhold disclosure or inspection of a document to produce that document to the court; and

(b)

invite any person, whether or not a party, to make representations.

(7)

An application under paragraph (1) or paragraph (5) must be supported by evidence.

(8)

This Part does not affect any rule of law which permits or requires a document to be withheld from disclosure or inspection on the ground that its disclosure or inspection would damage the public interest.

Annotations

Textual amendments

F1: Words in rule 31.19(3) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(12)(a)
F2: Words in rule 31.19(3) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(12)(b)

Commencement

I1: Rule 31.19 in force at 26.4.1999, see Signature

Notes on Part 31

Textual amendments

F1: Words in Pt. 31 Table of Contents inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 4(1)
F2: Words in Pt. 31 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 4(a)

Modifications

C1: Pt. 31 applied (with modifications) (5.4.2010) by The Criminal Procedure Rules 2010 (S.I. 2010/60), Preamble, rule 61.9 (with rule 2)
C2: Pt. 31 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 230, 251 (with rule 5)
C3: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 55(12) (with rule 5)
C4: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 60(11) (with rule 5)
C5: Pt. 31 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), Preamble, rule 61.9
C6: Pt. 31 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 61.9(3)
C7: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 17(10) (with rules 3, 208)
C8: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 21(10) (with rules 3, 208)
C9: Pt. 31 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 61.9(3) (with rule 2.1)
C10: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 21(10) (with rules 3, 210)
C11: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 17(10) (with rules 3, 210)
C12: Pt. 31 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 61.9(3) (with rule 2.1)
C13: Pt. 31 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 33.40(3)
C14: Pt. 31 excluded (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.34(1) (with rule 1.2)
C15: Pt. 31 excluded (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.34(1) (with rule 1.2)
C16: Pt. 31 excluded (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 18(11), 24(11) (with rule 4(1))
C17: Pt. 31 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 33.40(3)
C18: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 27(10)
C19: Pt. 31 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 192, 213
C20: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 22(11)
C21: Pt. 31 excluded (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 18(12), 24(11) (with rule 2)
C22: Pt. 31 modified (6.10.2025) by The Criminal Procedure Rules 2025 (S.I. 2025/909), rule 33.38(3)
C23: Pt. 31 excluded (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 18(12), 24(11) (with rule 2(1))