To fill out Form N265, download the current version from GOV.UK, complete the case header, carry out and record a reasonable search for disclosable documents, list every document across the form’s three sections, and sign both the disclosure statement and the statement of truth before serving the completed form on every other party by the court’s deadline. The form is used in civil proceedings in England and Wales when the court orders standard disclosure under Part 31 of the Civil Procedure Rules, and a party who fails to disclose a document generally cannot rely on it at trial.
Download the Right Version and Complete the Header
Form N265 is free to download from GOV.UK, where it is titled “Make a standard disclosure of documents to the court.”1GOV.UK. Make a Standard Disclosure of Documents to the Court: Form N265 A separate version, Form N265(LCC), is used for cases in the London Commercial Court.2GOV.UK. Make a Standard Disclosure of Documents to the London Commercial Court: Form N265(LCC) Use whichever matches your court.
At the top of the form, enter the name of the court, the claim number, and the full names of every claimant and defendant. Copy these exactly as they appear on the claim form or the directions order. Small misspellings cause real problems when the court file holds multiple active cases, and the other side can question a list that doesn’t match the proceedings.
Know What You Have to List
Standard disclosure covers three categories of documents: the ones you rely on for your own case, the ones that adversely affect your case or support the other side’s case, and any documents a relevant practice direction requires you to disclose.3Justice UK. Civil Procedure Rules – Part 31 The second category is the one people get wrong. You have to hand over material that hurts your position. Holding damaging documents back and producing them later is precisely what CPR 31.21 is designed to punish.
“Document” is wider than most people think. It covers anything that records information: paper files, emails, text messages, voicemail recordings, database entries, spreadsheets, and the metadata embedded in electronic files.4Justice UK. Practice Direction 31B – Disclosure of Electronic Documents If it is relevant to the issues in the case and it exists or once existed, it belongs on your list.
Carry Out and Record a Reasonable Search
CPR 31.7 requires a reasonable search. The court judges reasonableness by the number of documents involved, the complexity of the case, the ease and expense of retrieving any particular document, and its likely significance.3Justice UK. Civil Procedure Rules – Part 31 A large commercial dispute demands a far more thorough search than a straightforward debt claim.
For paper records, note every physical location searched: office cabinets, off-site storage, home offices, files held by a solicitor or accountant. For electronic material, identify the servers, cloud accounts, email systems, and devices you checked, together with the keywords and date ranges you used. All of this goes into the disclosure statement on the form. A vague “I looked through my files” invites challenge.
If you narrowed the search for proportionality reasons, say so. Practice Direction 31A requires you to draw attention to any limitations and give your reasons for adopting them.5Justice UK. Practice Direction 31A – Disclosure and Inspection Stating a limitation openly protects you far better than staying silent about it.
Where electronic documents are in play, Practice Direction 31B adds specific requirements, and metadata counts as part of the document. Converting a file to PDF or printing it can strip that information. The principle is that the receiving party should be able to access, search, and review documents to the same extent you can.4Justice UK. Practice Direction 31B – Disclosure of Electronic Documents If you intend to produce only PDFs or paper copies, raise it early so any objection surfaces before you do the work.
Fill In the Three Sections of the List
The body of the form splits documents into three groups based on whether you still have them and whether you object to inspection.6HM Courts and Tribunals Service. UK Form N265 List of Documents Number every entry sequentially across all three sections so anyone reading the list can refer to a specific document by number.
Section 1: Documents You Have and Do Not Object to Inspection
This is the main list. For each document in your control that you are willing to let the other side see, give a short description and a date. The form tells you to group documents of the same type rather than list them individually. A bundle entry might read “Invoices from ABC Ltd, January to June 2024 (bundle of 14).”6HM Courts and Tribunals Service. UK Form N265 List of Documents If a document is held elsewhere, such as with a bank or solicitor, say so. Descriptions should be specific enough that the other side can identify what a document is without needing to inspect it first.
Section 2: Documents You Have but Object to Inspection
You must still list documents in your control even when you claim a right to withhold them. This is where privileged material goes. For each document or group, state your grounds for objecting.6HM Courts and Tribunals Service. UK Form N265 List of Documents Under CPR 31.19, the claim must be made in writing and must identify both the document and the basis for the objection.3Justice UK. Civil Procedure Rules – Part 31
The two most common grounds are legal advice privilege, which covers confidential lawyer-client communications for the purpose of giving or receiving legal advice, and litigation privilege, which covers confidential communications with third parties such as accountants, experts, or witnesses made for the dominant purpose of actual or anticipated litigation. Describe withheld documents in general terms, for example “Emails between claimant and solicitor regarding the contract dispute, March to May 2024,” rather than disclosing the contents you are trying to protect. The other side can apply under CPR 31.19(5) to challenge a claim to withhold inspection, so each entry needs to stand up on its own. Blanket claims across unrelated documents draw scrutiny.
Section 3: Documents No Longer in Your Control
For documents you once had but no longer possess, list each one, explain what happened to it (destroyed, lost, returned, or passed to a third party), and state when you last had it and where it is now.6HM Courts and Tribunals Service. UK Form N265 List of Documents An unexplained gap where a document should exist looks suspicious. A clear line such as “Original contract returned to landlord’s solicitor on 15 March 2024” closes that gap.
Sign the Disclosure Statement and Statement of Truth
The form ends with two certifications that carry real weight. The disclosure statement confirms that you understand the duty of disclosure, that you have carried out a reasonable search, and that the list is complete to the best of your knowledge. Practice Direction 31A requires you to state expressly that you believe the search was reasonable in all the circumstances and to flag any limitations adopted for proportionality reasons.5Justice UK. Practice Direction 31A – Disclosure and Inspection
Where the disclosing party is a company, firm, or other organisation, the statement must identify the person signing by name, address, and position, and explain why that person is the right one to make it.3Justice UK. Civil Procedure Rules – Part 31 That is usually someone who supervised the search or has direct knowledge of how the organisation manages its documents.
The statement of truth confirms an honest belief that the facts in the list are true. The warning on the form is not decorative. Under CPR 31.23, proceedings for contempt of court may be brought against anyone who makes a false disclosure statement without an honest belief in its truth, either by the Attorney General or with the court’s permission.3Justice UK. Civil Procedure Rules – Part 31 Where a solicitor signs on a client’s behalf, the solicitor is taken to have confirmed that the client authorised the signature and was warned about the consequences of dishonesty.7Justice UK. Practice Direction 22 – Statements of Truth
Serve the Completed Form on Every Other Party
Once signed, serve Form N265 on every other party by the deadline set in the court’s directions order. CPR 31.10 requires each party to make and serve a list of documents on every other party.3Justice UK. Civil Procedure Rules – Part 31 Service is usually by post or by an agreed electronic method such as a secure email or document-sharing portal. Check the directions for anything specific about the method of service.
Missing the deadline can attract case management sanctions, including adverse costs orders. The more immediate consequence sits in CPR 31.21: if you fail to disclose a document or fail to allow inspection, you cannot rely on that document at trial unless the court gives permission.3Justice UK. Civil Procedure Rules – Part 31
Respond to Inspection Requests
Once lists have been exchanged, the other side can inspect any document listed in Section 1. To do so, they send you a written notice requesting inspection. You then have no more than seven days from receipt to either provide copies or make the originals available for viewing.8Legislation.gov.uk. The Civil Procedure Rules 1998 – Rule 31.15 If you supply copies, the requesting party is generally expected to pay reasonable copying costs. Respond promptly. Delays here hold up the timetable and reflect badly on a party that has already prepared the list.
Keep Disclosing If More Documents Turn Up
Filing Form N265 is not the end of the duty. Under CPR 31.11, the duty of disclosure continues until proceedings conclude. If further disclosable documents come to your attention after you have served your list, you must immediately notify every other party.3Justice UK. Civil Procedure Rules – Part 31 Practice Direction 31A requires a supplemental list covering the newly discovered material.5Justice UK. Practice Direction 31A – Disclosure and Inspection
This catches the ordinary situation where you find a relevant email months after serving your original list, or where fresh documents are generated as the litigation continues. Treat the supplemental list the same way as the first: number the new entries, put them in the correct sections, and include a fresh disclosure statement if needed. Holding on to a newly found document until trial is exactly the behaviour that attracts sanctions and costs orders.
What Happens If You Get Disclosure Wrong
The consequences scale with severity. At the lower end, CPR 31.21 bars a party from relying on any undisclosed document unless the court grants permission, and courts are reluctant to reward non-compliance.3Justice UK. Civil Procedure Rules – Part 31 Late or defective lists can attract case management sanctions and adverse costs orders.
At the higher end, a deliberately false disclosure statement exposes the signer to contempt proceedings under CPR 31.23, which can result in fines or imprisonment.3Justice UK. Civil Procedure Rules – Part 31 The threshold is dishonesty, meaning a statement made without an honest belief in its truth, rather than carelessness. But carelessness has its own costs. An incomplete search that misses damaging documents looks a great deal like dishonesty once the other side finds what you didn’t. Taking the search seriously the first time is far cheaper than trying to explain the gaps later.