Q&As
Where proceedings have been issued protectively, and the claim is issued but not served, can an application for pre-action disclosure still be made? Or does the claimant have to wait until formal post-action disclosure?
The issuing of proceedings is governed by CPR 7. Proceedings are started when the court issues a claim form at the request of the claimant, and the claim is issued on the date entered on the form by the court (CPR 7.2(1) and CPR 7.2(2)). By CPR 7.5 there is a period of four months within which the claim form must be served. This allows for proceedings to be issued in order to preserve limitation, but without the formal steps after service of the claim form (Particulars of Claim, Defence, etc) needing to be taken for that period of time. This can be important where a claim is brought close to the limitation period but pre-action formalities have not been dealt with.
CPR 31.16 provides
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