Q&As

Can you make an application before issuing proceedings to rely on documents under CPR 31.22(1)(b), where documents disclosed in other proceedings are needed to draft particulars of claim? Can that application for court permission (if the other party does not agree under CPR 31.22(1)(c)) be made pre-issue?

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Produced in partnership with Ryan Hocking of Hardwicke Chambers
Published on LexisPSL on 24/06/2021

The following Dispute Resolution Q&A produced in partnership with Ryan Hocking of Hardwicke Chambers provides comprehensive and up to date legal information covering:

  • Can you make an application before issuing proceedings to rely on documents under CPR 31.22(1)(b), where documents disclosed in other proceedings are needed to draft particulars of claim? Can that application for court permission (if the other party does not agree under CPR 31.22(1)(c)) be made pre-issue?

Can you make an application before issuing proceedings to rely on documents under CPR 31.22(1)(b), where documents disclosed in other proceedings are needed to draft particulars of claim? Can that application for court permission (if the other party does not agree under CPR 31.22(1)(c)) be made pre-issue?

First, it must be assumed that the party who contemplates making an application under CPR 31.22(1)(b) is '[a] party to whom a document has been disclosed' within the meaning of CPR 31.22(1). The effect of this provision is that the restrictions on the use of documents only apply to a person if that person obtained the document via disclosure within a set of proceedings to which they are a party.

The second assumption is that the exception in CPR 31.22(1)(a) does not apply, in that the document has not 'been read to or by the court, or referred to, at a hearing which has been held in public'. If this exception applies, there is no restriction on the use of the document in question in subsequent proceedings. A

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