Pre-action disclosure—making an application
Published by a LexisPSL Dispute Resolution expert

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

  • Pre-action disclosure—making an application
  • Making an application for pre-action disclosure
  • Pre-application considerations
  • The application notice
  • Evidence in support
  • The draft order
  • Response by the respondent—opposing the application
  • Costs of pre-action disclosure

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 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.

Making an application for pre-action disclosure

An application for pre–action disclosure is an application for a court order—the basic procedure is therefore set out in CPR 23 and CPR PD 23A.

Guidance on making a CPR-compliant application can be found in Practice Note: Making an application. You should familiarise yourself with this guidance before making any application to the court—it provides the starting point for all applications governed by CPR 23/CPR PD 23A.

The following sections highlight particular aspects of the applications procedure which are specific to an application for pre-action disclosure. What follows should be read as a supplement to,

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