Evidence & disclosure
Evidence and disclosure determine what material each party must reveal and can rely on at trial. SQE1 tests the scope of disclosure, the rules of privilege, and the control of witness and expert evidence.
What "Evidence & disclosure" covers
- Standard disclosure requires a party to disclose the documents it relies on, those that adversely affect its own or another party's case, and those that support another party's case (CPR 31.6).
- A party must carry out a reasonable and proportionate search and verify its disclosure by a disclosure statement; the duty of disclosure is ongoing until proceedings end.
- In the Business and Property Courts, disclosure is governed by the extended regime in Practice Direction 57AD rather than standard disclosure.
- Legal advice privilege protects confidential lawyer-client communications for the purpose of legal advice; litigation privilege additionally protects communications whose dominant purpose is litigation in contemplation.
- Without prejudice communications made in a genuine attempt to settle are not disclosable to the court.
- Expert evidence requires the court's permission; the expert's overriding duty is to the court, and the court may direct a single joint expert (CPR 35).
- Hearsay evidence is admissible in civil proceedings subject to the notice requirements of the Civil Evidence Act 1995, and the standard of proof is the balance of probabilities.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For evidence & disclosure, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Forgetting that standard disclosure includes documents adverse to your own client's case, not just helpful ones.
- Confusing legal advice privilege with litigation privilege — the latter needs litigation in contemplation as the dominant purpose.
- Treating expert evidence as available as of right; permission of the court is required and the expert's duty is to the court, not the instructing party.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on evidence & disclosure.
FAQ
Is evidence & disclosure tested on SQE1?
Yes — evidence & disclosure is part of the SQE1 Dispute Resolution syllabus (FLK1) and can appear in single best answer questions.
How is evidence & disclosure examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (CPR 31 (disclosure and inspection), CPR 31.6 (standard disclosure)) helps.