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?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on: 10 January 2019

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

Chris Bryden
Chris Bryden

Barrister, 4 King’s Bench Walk

Chris was called to the Bar in 2003 and since that time has built a busy practice across a range of areas, with an emphasis on Chancery practice. He enjoys a well-deserved reputation for his knowledge and expertise in each area. He appears regularly in the County Court, Family Court and the High Court as well as various specialist Tribunals, and has been involved in cases up to and including the Supreme Court. He regularly is instructed at Appellate level. He has extensive and wide-ranging experience particularly in the areas of wills, probate and inheritance disputes; property including adverse possession, boundary disputes and issues arising out of trusts of land; company and commercial work and financial remedies. Chris is head of the Family Group and head of the Property Team at 4KBW.

Chris is the author of numerous articles in publications such as the New Law Journal, Counsel and Family Law, amongst many other titles, and is the co-author of Social Media in the Workplace: A Handbook (2015, Jordan Publishing).

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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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