Redfern Schedule

The Redfern schedule (originally devised by Alan Redfern) is a collaborative document, to which the claimant, respondent and tribunal all contribute. Different columns of the schedule are completed by the parties at various times.

The purpose of the schedule is to create a user-friendly record of requests for disclosure, the parties arguments on those requests , and the tribunal's decision.

The schedule consists of four columns. Separate entries are made in each column in respect of every requested document or class of documents. The specimen schedule illustrates the entries for a single request ("request 1").

Column 1

Column 1 sets out the request for disclosure. Use a separate entry for each document or class of documents. Consider whether broad classes of documents can be divided into sub-classes or single documents.

Column 2

Column 2 contains the requesting party's submissions, both in support of the request and in rebuttal of the opposing party's submissions. The submissions in support of the request should do two things: First, it should identify the paragraph of the written pleading or claim submissions to which the requested document relates. If the claim submissions are formulated in a detailed and focused manner, this will be relatively easy. Secondly, it should explain why the documents sought are relevant. This will usually involve explaining exactly what the documents are, what information they are thought to contain, and how that information is likely to impact on the issues which the tribunal has to decide.

Column 2 also contains the requesting party's submissions in rebuttal of the opposing party's objections. This section will be completed at later date.

Column 3

Column 3 contains the objecting party's submissions . Of course, if the objecting party is happy to produce a specified document or class of documents, then this should be stated. Otherwise, the reasons for resisting production should be set out concisely. Typical grounds for resisting production include irrelevance, the request being too broad in its scope, immunity or privilege, or that the cost of producing the documents is disproportionate.

The requesting party will then respond by entering rebuttal submissions in column 2.

Column 4

Column 4 summarises the tribunal's decision on each request, and sets out, in brief, the reasons for that decision.