- The limits of disclosure under the pilot—what you won’t get even if you ask (Curtiss v Zurich Insurance plc)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: After an extensive contested case management conference (CMC) at which the claimants sought wide-ranging disclosure to support a claim against an insurer in which there is a claim for exemplary damages, the judge retired to give judgment on the question of Issues for Disclosure for a fair determination at trial. The judge reviewed the authorities and considered the test to be applied when ordering disclosure under the Disclosure Pilot in Practice Direction 51U, and then applied it by analysing each of the items the claimant had argued were Issues for Disclosure. The judge ordered a much more limited level and type of disclosure than the claimants had sought. Written by James Davison, barrister, 3PB Barristers.
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