In collective proceedings in the Competition Appeal Tribunal, the list of issues for disclosure should be by reference to the pleadings. It is useful for the list to identify the issues cross-referenced to the statements of case of the parties. In rare cases, an issue may be added falling outside the matters pleaded as issues for trial, but any such addition needs to be justified. Examples may be where there may be similar fact evidence or exceptionally disclosure is appropriate on an issue going to the credibility of a case or main witness (para 24).

The list should be compiled in draft by the claimants. Thereafter, the finalised list should be prepared with care and on a collaborative basis so that it is useful both for the parties and the tribunal. It should (a) be relatively concise and not extend to multiple issues of issues and sub-issues, (b) be cross-referenced to the pleadings of all the parties, (c) be an aid to the completion and finalisation of the disclosure report and for the court in giving directions as to disclosure, (d) itemise issues in broad terms, save where more particularity is required, and (e) contain neither commentary nor what are, in effect, requests for information (para 25).

Where the parties are unable to agree the list, then a marked-up version should be compiled showing the differences. It should be presented in a way that it is user-friendly for the tribunal to go through the differences so as to finalise it in default of agreement. How that process is to be followed in practice may require the parties applying to the tribunal for guidance. Having a substantial contested hearing on the wording of the list is something the parties should endeavour to avoid. In general, once the list has been finalised either by the parties or the tribunal, the disclosure report should be finalised (para 25).