The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
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
For other relevant precedents, see
Witness statement in support of application for pre-action disclosure
Order for pre-action disclosure
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
Tick ‘Legal Representative’ and/or tick ‘Other’ to indicate that proceedings have not yet been commenced.
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
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