Can My Solicitor Sign My Disclosure Statement?

In a civil claim, you’re responsible for organising your own disclosure by producing a list of documents under your control along with a signed statement.

Disclosure is an essential part of the litigation process. It gives both sides access to relevant and accurate information, which reduces the risk of costly surprises later and can encourage earlier settlement.

This article considers the nature of the duty of disclosure owed to the Court and who can sign a disclosure statement.

We act for individuals and businesses involved in civil litigation in England and Wales. If you’re unsure about the contents of a disclosure statement or have been asked to sign one, contact our specialist litigation solicitors. Our team act nationally and would love to help you.

Key Takeaways

• A disclosure statement accompanies a list of documents in a civil litigation case.
• Disclosure is a process all parties engage in to ensure relevant information is available to everyone, even if documents are prejudicial to the disclosing party.
• The statement must be signed by the person producing the document list, not by their legal representative.

Why Only the Disclosing Party Can Sign

As the disclosing party, only you can sign the list of documents. This is to ensure that the list is an accurate and complete representation of the documents disclosed, which are or have been under your control.

By adding your signature, you’re making a formal declaration about the list’s authenticity and completeness, and confirming that you have completed a full and reasonable search of the documents in your control as is required by the court. This requirement ensures the accuracy and integrity of the disclosure process — an essential duty litigants owe to the Court.

What CPR 31.10 Actually Requires

The requirements for disclosure are set out in the Civil Procedure Rules (CPR). 

Rule CPR 31.10 states that when parties provide standard disclosure, they must make and serve a list of documents. Part 31.10(5) requires this list to include a disclosure statement. 

Part 31.10(6) and 31.10(7) state that a disclosure statement is made by the person disclosing the documents. It must:

• Set out the extent of the search made to locate documents
• Confirm that you understand your duty to disclose and have carried it out to the best of your knowledge
• Identify the person making the statement and explain why they’re an appropriate person to do so, if the disclosing party is a company, firm, or other organisation

Can a Solicitor Ever Sign on a Client’s Behalf?

Legal representatives cannot sign disclosure statements on behalf of their clients. The statement must be signed by the client personally (or a director if the party to proceedings is a company). 

What Happens If the Wrong Person Signs

The statement must be signed by the person making the disclosure.

Accurate and honest disclosure to the best of your knowledge is a duty to the court which is why the person signing should be the person who has undertaken the process and who has control of the documents.

If the wrong person signs, there can be severe consequences including adverse costs orders (due to this being a procedural defect), or even contempt of court proceedings with serious sanctions where someone makes a false statement without belief in its truth.

Signing a Disclosure Statement You Are Not Sure About

You should only sign a disclosure statement if you’re happy with the integrity of the process and have control of the documents listed. The list should reflect the best of your knowledge and ability before you put your name to it. If there are aspects you’re not sure about, then discuss it with your legal team before signing. 

Disclosure in the High Court Business and Property Courts

The disclosure rules described in this article, CPR Part 31 and Practice Direction 31A, apply to civil proceedings generally, but they do not apply to cases in the Business and Property Courts. Since 1 October 2022, disclosure in those courts has been governed by Practice Direction 57AD, which introduced a fundamentally different regime. PD 57AD replaced standard disclosure with a framework of “Initial Disclosure” and “Extended Disclosure” using a range of disclosure models, and it requires parties to complete a Disclosure Certificate rather than the traditional disclosure statement described above. 

If your claim is in the Business and Property Courts (which handle commercial, chancery, insolvency, and other specialist work), you should take advice on the PD 57AD requirements including on the content of a ‘Disclosure Review Document’ or DRD, which is usually confirmed at a relatively early stage at the Case and Costs Management Conference. The content of a DRD can be critically important in framing the issues in dispute for the trial judge, who has the burden of searching for items and to what extent. The DRD also confirms the hardware that needs to be searched. 

At a later stage there are detailed rules on who signs the relevant certificate and the scope of the disclosure obligations differ vastly from those under Part 31. If you have any queries regarding disclosure in the Business and Property Courts, contact a member of our commercial property litigation team. We would love to assist you.

Frequently Asked Questions

What Is the Difference Between a Statement of Truth and a Disclosure Statement?

A Statement of Truth confirms that the facts in a document like a witness statement or a statement of the case are true. A disclosure statement confirms that a party has properly executed the disclosure process and disclosed all relevant information including documents which are adverse to their case.

Who Signs a Disclosure Statement for a Company?

A disclosure statement for a company is typically signed by a director, company secretary, or another senior officer authorised to act on the company’s behalf. Authority can come from a formal board resolution or another form of written confirmation, although such written authority is not technically a strict requirement under the CPR.. The statement must also name that person and explain why they’re an appropriate person to sign it.

Can a Legal Representative Sign a List of Documents?

A legal representative should not sign the statement for a list of documents. The signatory should be the person who has control of the documents and who has completed the process as they owe the duty to the court. There can be serious repercussions if the wrong person signs the disclosure statement.

What Happens If a Disclosure Statement Is False?

Submitting a false disclosure statement is a serious breach with consequences including exclusion of evidence and contempt of court proceedings. As signatory, you’re affirming your honest belief in the statement’s truth and accuracy, and that duty is owed directly to the Court.

How Does a Solicitor Sign a Statutory Declaration?

A solicitor witnesses the declarant’s signature on a statutory declaration and then countersigns the document. This confirms the declaration was properly made in line with the Statutory Declarations Act 1835.

Understanding Who Must Sign a Disclosure Statement Protects Your Position in Litigation

Disclosure is a formal process where parties in a claim identify and share documents under their control which are relevant to the dispute. The process of disclosure is governed by the Civil Procedure Rules and failure to adhere to these requirements can seriously harm your position. Sanctions include exclusion of evidence, adverse costs orders, or even contempt of court proceedings.

We are a team of specialist litigation solicitors providing guidance and clarity throughout the court process and ensuring our clients’ interests and legal rights are properly represented throughout.

If you’re an individual or a business involved in a dispute and are unsure about the disclosure procedure, who can sign your statement, or have wider litigation concerns, we can provide help on disclosure and all the other aspects of the litigation process. Speak to our specialist litigation solicitors today. Our commercial litigation team have decades of experience acting in matters like these, act nationally, and we would be happy to help you.