Dr Mike Wilkinson warns of the seriousness of suppressing documents and other evidence
In brief
- Failing to give proper disclosure can land litigants in real trouble, from adverse inferences to a prison sentence for contempt.
- Parties can apply for a range of sanctions, including strike-out and debarring orders.
- Unless orders place responsibility for triggering a sanction in the hands of the defaulting litigant.
- Failing to give relevant disclosure is serious, as demonstrated in Gooderson v Qureshi [2022] EWHC 2977 (KB) where a litigant in person was debarred from even participating at trial.
- Strike-out and debarring sanctions are also available for lesser breaches, such as failing to pay interim costs.
If self-interest is really what drives people, expecting litigants to give up things which might hurt their cause seems counterintuitive. Some might argue therefore that it is irrational to build a system of civil justice upon the expectation that parties will volunteer documents which not only help them, but also those which are adverse to their case. But in England and Wales,
