The claimants proposed pre-action discovery which was resisted. Held: A purpose of pre-action disclosure is to assist those who need disclosure as a vital step in deciding whether to litigate at all or to provide a vital ingredient in the pleading of their case. The rules required first that disclosure would be desirable in the … Continue reading Black v Sumitomo Corporation: CA 3 Dec 2001
The parties were competing companies. The claimant sought to usePre-action disclosure procedures after proceedings had already been issued. Held: ‘the Claimants have made out a clear and strong case for the exercise of the Court’s discretion to order pre-action disclosure in their favour, and I so order.’ Moloney QC HHJ [2016] EWHC 297 (QB) Bailii … Continue reading Anglia Research Services Ltd and Another v Finders Genealogists Ltd and Another: QBD 17 Feb 2016
Mr Justice Morison [2003] EWHC 1367 (Comm) Bailii Civil Procedure Rules 31.16 England and Wales Civil Procedure Rules Updated: 16 December 2021; Ref: scu.183567
Appeal against refusal of order for pre-action disclosure. . .
The defendants appealed against an order for pre-action disclosure. . .
Application, issued on 2.7.15, of the Applicant for pre-action disclosure under CPR r.31.16 . .
The claimant wished to bring an action against the defendant enquiry agent, saying that it had obtained unlawful access to details of his bank accounts, and now sought disclosure of documents. The defendant denied wrongdoing, and said it had . .
The case management powers of judges allowed a judge to order extensive pre-action discovery of documents. It is not appropriate at this stage in the development of the case management approach to lay down restrictive rules, and it must be for . .
Application for pre-action disclosure made pursuant to section 33(2) of the Senior Courts Act 1981 and part 31.16 of the Civil Procedure Rules. Richard Spearman QC HHJ [2016] EWHC 376 (Ch) Bailii England and Wales Litigation Practice Updated: 10 January 2022; Ref: scu.560320
Pre-action disclosure. The test of a properly arguable case with a real prospect of success is the same test as is set out in CPR 13.3(1) and 24.2 in relation to setting aside judgments in default and resisting summary judgment respectively. The . .
