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 judges to use their discretion. The power only extended to documents which might be later ordered to be produced, and the court needed a clear idea of the likely issues in the case. Although the defendants had unreasonably resisted discovery, it remained appropriate that the costs of production should be borne by the party making the application.
Citations:
Times 14-Mar-2001, Gazette 12-Apr-2001, [2001] EWCA Civ 269
Links:
Statutes:
Jurisdiction:
England and Wales
Litigation Practice
Updated: 23 May 2022; Ref: scu.135551
