Form N263 Disclosure Report UK: How to Complete
We're not a law firm — we help you find the right legal support. For advice on your situation, speak to a legal adviser or find a solicitor.
If you're involved in a civil claim on the multi-track, the court will usually expect the parties to think carefully about disclosure well before any hearing. Form N263 is the document that captures that thinking. It sets out what documents might exist, where they are likely to be found, how electronic material is stored, and roughly what it will cost to search for and disclose those documents.
It also asks the parties to propose how disclosure should be handled going forward. This guide walks through what the form covers, how it fits into the wider disclosure process under the Civil Procedure Rules, and the practical points that tend to trip people up when they complete it for the first time.
What this document is
A disclosure report is a written account of the documents relevant to a claim and how a party proposes to deal with them. It's filed using Form N263 and is required in most multi-track cases (clinical negligence claims are the main exception).
The report is filed and served at least 14 days before the first case management conference, so the court and the other side can see what's being proposed before directions are made. The purpose is to get everyone thinking early about the scope and cost of disclosure.
Rather than leaving it until the last minute, the parties describe the categories of documents that may exist, the places they might be held, how any electronic material is stored, and a realistic estimate of the costs involved in carrying out a search. The report then invites each party to propose the type of disclosure order they think the court should make, whether that's standard disclosure, issue-based disclosure, or something more limited.
How to use this document
- Check whether you need to file one. Disclosure reports are generally required in multi-track claims other than personal injury, so confirm which track your case is on and whether any exceptions apply. If the claim has been allocated to the multi-track and doesn't fall within an excluded category, each party will typically need to file Form N263.
- Identify the documents and where they live. Work through the categories of documents that may be relevant to the issues in dispute. Think about emails, letters, contracts, notes, internal memos, photos, and any material held by third parties. For each category, note where the documents are likely to be stored and in what format, whether that's paper files, shared drives, cloud platforms, or individual mailboxes.
- Address electronic documents properly. If a meaningful volume of electronic material is involved, consider whether an Electronic Documents Questionnaire (Form N264) should also be completed and filed alongside the report. Describe how electronic documents are held, who has access, and any technical issues that could affect searching, such as legacy systems or deleted data.
- Estimate the cost of standard disclosure. Give the court a realistic figure for what it would cost to carry out a reasonable search and produce a disclosure list. This includes time spent searching, reviewing for relevance and privilege, and dealing with electronic material. Courts take these figures seriously when deciding whether standard disclosure is proportionate.
- Propose a sensible disclosure order. State which form of disclosure you think the court should order and why. Options range from no disclosure at all, through disclosure on an issue-by-issue basis, to full standard disclosure. Your proposal should be linked to the value of the claim, the issues in dispute, and the cost estimate you've just provided.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Common questions
Q When does Form N263 need to be filed?
The disclosure report must be filed and served by each party at least 14 days before the first case management conference. Missing this deadline can cause problems at the CMC, because the court won't have the information it needs to make sensible directions about disclosure. If you're running close to the deadline, it's better to file a report that's honest about what you don't yet know than to file nothing at all.
Q Do I need a solicitor to complete the form?
No, litigants in person can complete Form N263 themselves. That said, disclosure is one of the more technical parts of civil procedure, and the cost estimates and proposals you include can influence what the court orders. If the claim is substantial or the volume of documents is large, getting guidance on how to approach the searches and cost estimate is often worthwhile.
Q What counts as a 'document' for disclosure purposes?
The definition is deliberately broad. It covers anything on which information is recorded, including letters, emails, text messages, spreadsheets, databases, voicemails, photos, videos, and metadata. Handwritten notes and draft documents can also fall within scope. The question isn't the format, it's whether the information recorded is relevant to an issue in the case.
Q Is standard disclosure always ordered?
Not automatically. The court has a menu of options under the Civil Procedure Rules and will choose the approach that's most proportionate to the case. In lower-value claims or where the issues are narrow, the court may order more limited disclosure. The report gives each party a chance to argue for the approach they think fits best.
Q What is the Electronic Documents Questionnaire (N264)?
Form N264 is a separate questionnaire that goes into more detail about how electronic documents are stored and searched. It's typically used in cases where there's a significant amount of electronic material, or where the parties disagree about the scope of electronic disclosure. It can be filed with the disclosure report or dealt with separately, depending on the circumstances.
Q What happens if I get the cost estimate wrong?
Cost estimates in the disclosure report aren't binding in the strict sense, but they're taken seriously by the court and can influence later costs decisions. If your estimate turns out to be significantly off, you may need to explain why. It's better to take time to produce a considered figure than to put in a rough guess.
Q Can the parties agree disclosure between themselves?
Yes, and the rules actively encourage it. Before the CMC, the parties are expected to discuss disclosure and try to reach agreement on the scope and format. If you can agree a proposal and present it jointly, the court will usually give significant weight to what you've put forward. Disagreement is the main reason disputes over disclosure end up being argued at the CMC.
If you're dealing with this kind of situation, speak to an experienced legal adviser who can walk you through it — from £89.
Sources
This guide is based on primary UK law and official guidance.
- Guidance · UK GovForm N263: Disclosure report (gov.uk)gov.uk
- Guidance · HMCTSCivil Procedure Rules Part 31 – Disclosure and Inspection of Documentsjustice.gov.uk
- Guidance · HMCTSPractice Direction 31B – Disclosure of Electronic Documentsjustice.gov.uk
Legal helpline
Unsure how to approach disclosure in your claim?
Disclosure reports involve judgement calls about scope, cost, and what to propose to the court, and getting those calls right shapes the rest of the case. An experienced legal adviser can help you think through the approach based on what you describe on the call.
- Plain-English answers to your specific questions about disclosure
- Practical perspective on the proposals you're considering
- What to watch out for when estimating search costs
- Clarity on how Form N263 fits into your case timeline
Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.