How to use the N265 builder
- Enter the claim. Enter the court, the claim number, the parties with their references and the date of the list.
- Say who gives disclosure. Choose the claimant, the defendant or another party, and who makes the disclosure statement: the party, a person for a company or other organisation, a litigation friend, or an insurer.
- Describe the search. Give the date of the order, any limits on the search (dates, places, categories, electronic documents, devices, kinds of file, keywords) and the reasons for them.
- List the documents. Enter or paste the documents for each part of the list, with their dates and a short description. The builder numbers them and can sort them into date order.
- Check where it all goes. The builder fits each part into its box on the form and puts anything that does not fit on a continuation sheet, saying so in the box.
- Download, sign and serve. Download the filled N265 with any continuation sheets, check it, sign it and serve it on every other party.
The three parts of the list
The list must identify the documents in a convenient order and manner and as concisely as possible, and indicate the documents over which the party claims a right or duty to withhold inspection, and those no longer in its control, with what has happened to them (CPR 31.10(3) and (4)). Form N265 does that in three boxes on its third page: documents you do not object to being inspected; documents you object to being inspected, with the grounds (CPR 31.19(3) and (4)); and documents no longer in your control, with when each was last in your control and where it is now. PD 31A para 3.2 says it will normally be necessary to list the documents in date order, numbered consecutively, each with a concise description, and allows documents of the same kind to be listed as a category. The builder numbers each part from 1, because each part of the form has its own box in which to list and number the documents (our reading: one run of numbers across the whole list is also seen), and shows each document’s number beside it as you type, so the grounds in part 2 can cite the numbers that will be on the form.
The disclosure statement
The statement sets out the extent of the search, and certifies that the party understands the duty of disclosure and has carried it out to the best of its knowledge (CPR 31.10(6)); its form is in the Annex to PD 31A. It should state the limits of the search, such as documents before a date, places or categories not searched, or electronic sources left out, and give the reasons for any limit adopted for proportionality (CPR 31.7(3); PD 31A para 4.2). The form has no box for those reasons, so the builder puts them on the continuation sheet, headed as part of the statement, writes a note beside “I did not search for…” on the form saying they are there, and adds a signature and date line to the sheet: sign it as well as the form. Where inspection of a category or class of documents is not permitted because it would be disproportionate, the statement must say so (CPR 31.3(2)). A false disclosure statement made without an honest belief in its truth can lead to proceedings for contempt (CPR 31.23).
Continuation sheets
Lists of documents often outgrow the boxes on the form. The builder fits as many whole entries into each box as it can at a readable size, ends the box with a line saying which documents are continued, and sets out the rest on A4 continuation sheets after the form, in the same PDF, numbered as on the form and headed with the claim number and the parties. A long explanation, such as the grounds for withholding inspection, goes on the sheet in full in the same way. Nothing is shortened or dropped: the checks say where each part has gone.
The Business and Property Division
In the Business and Property Division of the High Court (the Business and Property Courts until 1 October 2026), disclosure is governed by Practice Direction 57AD, Disclosure in the Business and Property Division, with its Disclosure Review Document and disclosure certificate, not by Part 31 and Form N265 (PD 57AD paras 1.1 and 1.8, with the exceptions in para 1.4). This builder does not cover PD 57AD.
Related tools
- After disclosure: the free N266 and N268 builder for a notice to admit facts or to prove documents at trial
- Serving the list: the N215 certificate of service builder and the deemed service calculator
- Every other time limit: the CPR deadline calculator
- Every free tool in one place: costs help for solicitors
Sources
- Form N265: list of documents, standard disclosure (HMCTS, GOV.UK)
- CPR Part 31 (rules 31.3, 31.6 to 31.8, 31.10, 31.11, 31.15, 31.19, 31.21 and 31.23), also on legislation.gov.uk
- Practice Direction 31A (paras 1 to 4 and the Annex) and Practice Direction 31B (electronic documents)
- Practice Direction 57AD, Disclosure in the Business and Property Division (paras 1.1, 1.2, 1.4 and 1.8), and the Senior Courts (Transfer, Amendment and Consequential Provision) Order 2026 (the Business and Property Division, from 1 October 2026)
- CPR 27.2 (small claims) and CPR Part 2 (rule 2.8, counting days)