Pre-action disclosure—making an application

Published by a LexisNexis Dispute Resolution expert
Practice notes

Pre-action disclosure—making an application

Published by a LexisNexis Dispute Resolution expert

Practice notes
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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 disclosure

An application for pre–action disclosure is an application for a court order—the basic procedure is therefore

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Jurisdiction(s):
United Kingdom
Key definition:
Pre-action definition
What does Pre-action mean?

This is the period prior to proceedings being issued.

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