Pre-action disclosure—requirements and the courts' approach
Pre-action disclosure—requirements and the courts' approach

The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:

  • Pre-action disclosure—requirements and the courts' approach
  • When to make an application for pre-action disclosure
  • Courts' approach to pre-action disclosure
  • Court's jurisdiction
  • CPR 31.16(3)(a) and (b)
  • CPR 31.16(3)(c)
  • CPR 31.16(3)(d)
  • After proceedings have commenced
  • Court's discretion
  • Pre-action disclosure in split trials
  • More...

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 including Black v Sumitomo and Bermuda International, 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 (Personal Management v Gee 7), pre-action disclosure of cross-border mediation evidence, 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:

  1. Practice Note: Pre-action disclosure—the application

  2. Precedents: Drafting note for application notice for pre-action disclosure, Drafting note for application notice for pre-action disclosure–Commercial Court, Witness statement in support of application for pre-action disclosure and Order for pre-action disclosure

Note: where pre-action disclosure is sought against a third party to the proceedings or intended proceedings, see our guidance on Norwich Pharmacal Orders, namely:

  1. Practice Notes: Norwich Pharmacal orders (NPOS) and Norwich Pharmacal order—procedure for application

  2. Precedents: Claim form—Norwich

Related documents:

Popular documents