special disclosure

Under the CPR the order for disclosure is usually an order for standard disclosure. This is relatively narrow. Before the CPR came into force all documents had to be disclosed which not only assisted or damaged a party's case, but those which "might lead to a train of enquiry enabling a party to advance his own case or damage that of the opponent" – this was known as the "train of enquiry" or "Peruvian Guano" test. The 5th edition of the Commercial court guide expressly contemplated an application for train of enquiry disclosure on an application for "special disclosure" in certain cases. Special disclosure is not mentioned in the current Commercial court guide, but it is possible to seek train of enquiry disclosure on an order for specific disclosure (see PD 31).