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GLOSSARY

Pre-action disclosure definition

Published by a LexisNexis Dispute Resolution expert

What does Pre-action disclosure mean?

An order for disclosure of documents or inspection of property before a claim has been made.

Such orders are made under the Senior Courts Act 1981, s 33 or County Courts Act 1984, s 52. Like all interim orders, the relevant procedure is governed by CPR Rule 25 and, in particular, 25.5.

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Professional negligence claims—claimant steps—checklist

Professional negligence claims—claimant steps—checklist This Checklist sets out the position under the Pre-Action Protocol for Professional Negligence claims (the 'Protocol') currently in force. For general guidance on the Protocol, see Practice Note: Professional negligence claims—the pre-action protocol. This Checklist should be read in conjunction with Practice Note: Professional negligence claims—pre-action protocol—claimant issues. For further detail on how to pursue a professional negligence claim (including with reference to a worked hypothetical set of pleadings), see Practice Notes: • Starting a professional negligence claim—a practical guide • Pleading professional negligence claims—worked hypothetical examples together with a template Precedent: Particulars of claim—professional negligence claim. Client’s initial instructions of potential professional negligence claim Limitation See Practice Note: Limitation—professional negligence claims. Is there a limitation issue pending? If so: • consider issuing protective proceedings, and/or • negotiating a standstill agreement See Practice Note: Professional negligence claims—the pre-action protocol—Limitation and the professional negligence PAP. Initial investigations As with any claim, there are various preliminary investigations that should be carried out, including: • background...

Considerations and next steps for victims of fraud—checklist

Considerations and next steps for victims of fraud—checklist This Checklist is designed to assist individuals and companies who suspect they have been a victim of fraud. It considers the immediate steps they should take to gather and preserve evidence, obtain legal advice, mitigate and reduce risk and obtain emergency or urgent relief (such as freezing orders and insurance cover), including whether it is necessary to report a suspected fraud to the police and how to do so using the Action Fraud service. It also addresses the choice between issuing civil and criminal proceedings for fraud and explains the possibility of running a civil fraud claim in parallel with a criminal prosecution (private or public). This Checklist should be read in conjunction with the Practice Notes: • Starting a civil fraud claim—a practical guide • Civil fraud—heads of claim • Civil fraud—frequently asked questions (FAQ) • Commencing criminal proceedings—applying for the issue of a summons • Fraud—civil claim and private criminal prosecution compared For full guidance on fraud offence under criminal...

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Pre-action disclosure—requirements and the courts' approach

This Practice Note identifies when it might be appropriate to make an application for pre-action disclosure under CPR 31.16. It also explains, by reference to key authorities, the two-stage approach the courts take when deciding whether to make such an order under CPR 31.16(3): (1) does it have jurisdiction, ie the four conditions under CPR 31.16(3)(a), CPR 31.16(3)(b), CPR 31.16(3)(c) and CPR 31.16(3)(d) have been met and, if so, (2) should it exercise its discretion to make the order. It also considers disclosure before proceedings have started in the context of split trials, the court’s jurisdiction to order pre-action disclosure once a claim form has been issued, pre-action disclosure where the dispute will be resolved through arbitration and pre-action disclosure in procurement cases.This Practice Note should be read in conjunction with Practice Note: Pre-action disclosure—making an application.The disclosure scheme and pre-action applications for disclosureDisclosure in most claims in the Business and Property Courts is subject to a special disclosure scheme (see CPR PD 57AD). It would appear from the inclusion...

Pre-action disclosure—making an application

This Practice Note provides guidance on CPR 31.16 pre-action disclosure applications, where the applicant and respondent are likely to be parties to any subsequent proceedings. It provides guidance on how to make such an application for disclosure before proceedings have started including the application notice, evidence in support of the pre-action application and the draft order. The response by the respondent when opposing the application is also discussed. Finally the costs consequences of an application for pre-action disclosure are considered.For detailed guidance on when it might be appropriate to make an application for pre-action disclosure, the approach the courts take when deciding whether to grant such applications and specific discussion of pre-action disclosure in different circumstances, see Practice Note: Pre-action disclosure—requirements and the courts' approach.For guidance on the major aspects of the court’s jurisdiction under CPR 31.16, and discussion of how this has been applied in key cases, see Pre-action disclosure—key considerations and cases.Making an application for pre-action disclosureAn application for pre–action disclosure is an application for a court order—the...

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Order for a Norwich Pharmacal order

Order for a Norwich Pharmacal order Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] dated: [insert date] [IN THE MATTER OR AN APPLICATION] Between [insert name] Applicant / [Applicant OR Respondent] and [insert name] Respondent / [Applicant OR Respondent] _______________________________________ [ Draft ] Norwich pharmacal order _______________________________________ Upon reading the Application Notice dated [insert date], the Witness Statement of [insert name of witness] dated [insert date] and the Exhibits thereto And upon hearing Counsel for the Applicant [[and Counsel for the Respondent]].

Witness statement in support of application for a Norwich Pharmacal order

Witness statement in support of application for a Norwich Pharmacal order Filed on behalf of the [Claimant OR Defendant] Witness statement of [insert initial and surname of witness] Number of witness statement: [insert number of witness statement in relation to the witness] Exhibit details: [insert initials and number of each exhibit referred to] Date on which the statement was made: [insert date] [Date of translation: [insert date]] Claim No. [insert claim number]. [IN THE HIGH COURT OF JUSTICE [BUSINESS AND PROPERTY COURTS [OF ENGLAND AND WALES OR IN [insert location] OR [Specify division] [Specify specialist court] [Insert location] DISTRICT REGISTRY THE COUNTY COURT AT [insert location] [BUSINESS AND PROPERTY COURTS LIST before [The Honourable Mr Justice OR The Honourable Mrs Justice OR His Honour Judge OR Her Honour Judge OR Master OR District Judge] [insert name] between: [insert name] Claimant [OR Applicant] and [insert name] Defendant/Respondent _______________________________________ First witness statement of [insert name of witness] On behalf of the claimant [or APPLICANT] _______________________________________...

Dive into our 5 Precedents related to Pre-action disclosure

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim?

Given the General Data Protection Regulation regime, to what extent can a pre-action potential defendant provide personal data of its customers to a potential claimant as part of undertakings that the potential defendant wishes to give after getting a letter before claim? We are in the process of producing new content relating to the General Data Protection Regulation and litigation, which will be available in our module as soon as possible. Pre-action conduct The pre-action protocols (Protocols) and, in the event that none of the specific pre-action protocols apply, the Practice Direction Pre-Action Conduct and Protocols (the Practice Direction), set out the conduct usually expected of parties prior to the issue of proceedings. An effective exchange of information is encouraged between the parties, with an important part of this process being the letter of claim, setting out the details of the claimant’s proposed claim, and the defendant’s response to that letter. However, as indicated in: Pre-action protocols: Halsbury’s Laws of England [19] and the...

The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung?

The sole executor and residuary beneficiary refuses to disclose the Will of their deceased parent to the other children, who are excluded from the Will. A caveat has been issued. Who can apply under sections 122 and 123 of the Senior Courts Act 1981 and against whom do they apply? Where the required conditions in CPR 31.16(3)(a)–(d) are met, does CPR 31.16 assist? Can the executor assert a right to maintain privacy when, without the Will, the other children are hamstrung? The right to see a Will before probate It is correct that a Will is a private document before the grant of probate is issued. The actual beneficiaries under the Will have no entitlement to see it. The only people who have the right to see the Will before probate are the executors. Obviously, they usually send a copy of the Will to any residuary beneficiaries but it is within the executors discretion as to whom they disclose the Will. See generally, Probate actions (probate claims)—overview. Sections...

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Minutes of the CPR Committee meeting—4 April 2025

Dispute Resolution analysis: The minutes of the Civil Procedure Rule Committee (CPRC) meeting of 4 April 2025 (conducted in a hybrid format at The Rolls Building (Royal Courts of Justice) and via video conference) cover a number of issues including open justice and access to court documents, the replacement of CPR PD 51O (e-working pilot), amendments to CPR 82 concerning closed material procedures, updates from the Lacuna Sub-Committee on Beddoe applications, judicial review reforms for nationally significant infrastructure projects and the future of paper determination in small claims.

Reforming the Personal Injury Pre-Action Protocols

Personal Injury and Clinical Negligence analysis: The Civil Justice Council (CJC) has concluded its extensive review of the various existing pre-action protocols (PAPs). Here we focus specifically on the Personal Injury PAPs.

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