Rule 31.3 Right of inspection of a disclosed documentI1

England and Wales

(1)

A party to whom a document has been disclosed has a right to inspect that document except where—

(a)

the document is no longer in the control of the party who disclosed it;

(b)

the party disclosing the document has a right or a duty to withhold inspection of it; F1or

(c)

paragraph (2) applies; F2...

F3(d)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(Rule 31.8 sets out when a document is in the control of a party)

(Rule 31.19 sets out the procedure for claiming a right or duty to withhold inspection)

F4...

(2)

Where a party considers that it would be disproportionate to the issues in the case to permit inspection of documents within a category or class of document disclosed under rule 31.6(b)—

(a)

F5they are not required to permit inspection of documents within that category or class; but

(b)

F6they must state in F7their disclosure statement that inspection of those documents will not be permitted on the grounds that to do so would be disproportionate.

(Rule 31.6 provides for standard disclosure)

(Rule 31.10 makes provision for a disclosure statement)

(Rule 31.12 provides for a party to apply for an order for specific inspection of documents)

Annotations

Textual amendments

F1: Word in rule 31.3(1)(b) inserted (31.12.2020) by The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(i) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F2: Word in rule 31.3(1)(c) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(ii) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F3: Rule 31.3(1)(d) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(a)(iii) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F4: Words in rule 31.3(1) omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(2)(b) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)
F5: Words in rule 31.3(2)(a) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(1)(a)
F6: Word in rule 31.3(2)(b) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(1)(b)(i)
F7: Word in rule 31.3(2)(b) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(1)(b)(ii)

Commencement

I1: Rule 31.3 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))