Drafting note for application notice for specific disclosure

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

  • Drafting note for application notice for specific disclosure

Drafting note for application notice for specific disclosure

Introduction

Application notice (Form N244)

The application should be made using Form N244 (Form N244 CC if in the Commercial Court).

If dealing with an application in the Commercial Court, see Precedent: Application notice for specific disclosure-Commercial Court.

Relevant Precedents

For other relevant Precedents, see:

Witness statement supporting application for specific disclosure

Order for specific disclosure

General points

The form should be filled in with the requisite details of the court proceedings.

You should always make a request for the documents which are the subject of the application by letter first. This will put you in a stronger position on costs.

Question 3 of the application notice—order

Set out the order you require. Proposed wording for this application is: 'We are applying for an order that the [Claimant/Defendant] carries out a reasonable search to locate all the documents/classes of documents listed in the Schedule to this order and makes and serves on the [Claimant/Defendant] a list and disclosure statement stating whether the documents/classes of documents are now in its control and to the extent that they are not and what has happened to them. State briefly why the [Claimant/Defendant]'s disclosure list is inadequate and the relevance of the documents/classes of documents sought. We are also applying for costs.’

Question 4 of the application notice—draft order

You should always attach a copy of the proposed order for the court with the application

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