Rule 1 Discovery of documents

^f1 Within 14 days of further particulars being furnished in accordance with Order 5 rule 3(2) there shall, subject to and in accordance with the provisions of this Order, be discovery by any party to any proceedings of the documents which are or have been in their possession, custody or power relating to any matter in question in the proceedings.

Nothing in this Order shall be taken as preventing the parties agreeing to dispense with or limit the discovery of documents which they would otherwise be required to make to each other.

Subject to the provisions of this rule, the parties to proceedings must make discovery by exchanging lists of documents in Form 68 which are or have been in his possession, custody or power relating to any matter in question between them in the proceedings.

Without prejudice to any directions given by the district judge under Order 11 rule 2B, paragraph (2A) shall not apply in third party proceedings, including proceedings under that Order involving fourth or subsequent parties.

Unless the chief clerk, judge or district judge otherwise orders, in any proceedings where liability is admitted or where the proceedings arise out of an accident on land due to a collision or apprehended collision involving a vehicle, discovery shall be limited to disclosure of any documents in relation to special damage.

Paragraph (2A) shall not be taken as requiring a defendant in proceedings for the recovery of any penalty recoverable by virtue of any enactment to make discovery of any documents.

Paragraphs (2C) and (2D) shall apply in relation to a counterclaim as they apply in relation to any proceedings.

On the application to the chief clerk of any party required by this rule to make discovery of documents, the chief clerk, or where the application has been referred to the judge or district judge in chambers, the judge or district judge may—

and the chief clerk, judge or district judge shall make such an order and so far as he is of the opinion that discovery is not necessary either for disposing fairly of the proceedings or for saving costs.

An application for an order under paragraph (2F) may be made to the chief clerk ex parte without notice and before the expiration of the period within which, by virtue of this rule, discovery of documents in the action is required to be made.

If any party fails to comply with paragraphs (1) and (2A) the other party may apply to the chief clerk ex parte without notice for an order directing the other party to make discovery.]

[^f2 . . .]

On the receipt of an application [^f3 under paragraph (3)] the chief clerk may:

The chief clerk, or where the application has been referred to [ the judge or district judge as the case may be] in chambers, [ the judge or district judge as the case may be] may order discovery in Form 68 to be verified by affidavit in Form 68C and made either generally or limited to certain classes of documents as he thinks fit, but discovery shall not be ordered if and so far as it appears that it is not necessary either for disposing fairly of the proceedings or for saving costs.

The chief clerk shall notify the applicant of the outcome of his application.

If an order for discovery is made it shall be drawn up by the chief clerk in Form 69, and served by the applicant on the party against whom it is made.

Any party to the proceedings may on giving at least five days’ notice in writing to the other party, appeal to [ the judge or district judge as the case may be] against a decision of the chief clerk to make an order directing discovery, and pending the outcome of the appeal the order made by the chief clerk shall be stayed.

[^f5 . . .]

Any order made under this Order (including an order made on appeal) may on sufficient cause being shown be revoked or varied by a subsequent order or direction of [ the judge or district judge as the case may be] made or given at or before the trial of the cause or matter in connection with which the original order was made.

A party who has provided a list of documents in compliance with this rule must allow the other party to inspect the documents included in Part I of Schedule 1 to, such list and to take copies thereof.

Without prejudice to Rule 9, a party who has provided a list of documents in compliance with this rule, shall not afterwards be at liberty to put in evidence any document not included in Part I of Schedule 1 to such list unless he satisfies [ the judge or district judge as the case may be] that he had some cause or excuse which [the judge or district judge as the case may be] deems sufficient for not including such document, in which case [) the judge or district judge as the case may be] may allow the document to be put in evidence on such terms as to costs or otherwise, as he thinks fit.]