Drafting note for application notice for pre-action disclosure
Drafting note for application notice for pre-action disclosure

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

  • Drafting note for application notice for pre-action disclosure
  • Introduction
  • Relevant precedents
  • General points
  • Question 2 of the application notice
  • Question 3 of the application notice—Order
  • Question 4 of the application notice—Draft order
  • Question 5 of the application notice—Dealing with the application
  • Question 6 of the application notice—Length of hearing
  • Question 7 of the application notice—Trial date
  • more

Introduction

The application should be made using:

—Form N244 generally

—Form N244(CC) if the application is being made in the Commercial Court

—Form N244(CCFL) if the application is being made in the Financial List in the Commercial Court

—Form N244(CHFL) if the application is being made in the Financial List in the Chancery Division

Relevant precedents

For other relevant precedents, see

Witness statement in support of application for pre-action disclosure

Order for pre-action disclosure

General points

These drafting notes are to be used in conjunction with Form N244 and are not designed for use with Form N244(CC).

The form should be filled in with the details of the court proceedings. If there is more than one applicant put [First Applicant] and others. The same applies in respect of respondents

Question 2 of the application notice

Tick ‘Legal Representative’ and/or tick ‘Other’ to indicate that proceedings have not yet been commenced.

Question 3 of the application notice—Order

Set out the order you require. Suggested wording for this application is:

‘ We [XYZ Solicitors] on behalf of the applicant intend to apply for an order (a draft of which is attached) that the respondent do give for pre-action disclosure pursuant to [s 33(2) of the Senior Courts Act 1981]/[s 52(2) of the County Courts Act 1984] and CPR 31.16 for the reasons set out in the attached witness statement