Rule 16.2 General or specific disclosure

(1)

The court may either on its own initiative or on the application of a party make an order to give general or specific disclosure.

(2)

General disclosure requires a party to disclose—

(a)

the documents on which that party relies; and

(b)

the documents which—

(i)

adversely affect that party's own case;

(ii)

adversely affect another party's case; or

(iii)

support another party's case.

(3)

An order for specific disclosure is an order that a party must do one or more of the following things—

(a)

disclose documents or classes of documents specified in the order;

(b)

carry out a search to the extent stated in the order; or

(c)

disclose any document located as a result of that search.

(4)

A party's duty to disclose documents is limited to documents which are or have been in that party's control.

(5)

For the purposes of paragraph (4) a party has or has had a document in that party's control if—

(a)

it is or was in that party's physical possession;

(b)

that party has or has had possession of it; or

(c)

that party has or has had a right to inspect or take copies of it.