DR Pre-Action Disclosure

Question 1

What does the court consider when granting pre-action disclosure?

Answer 1

The court MAY order pre-action disclosure if:

1. Respondent is likely to be a party to subsequent proceedings
2. Application is also likely to be a party to subsequent proceedings
3. If proceedings had started, the respondent’s duty by way of standard disclosure would extend to the documents which the applicant seeks
4. Pre-action disclosure is desirable to:
   - dispose fairly of anticipated proceedings
   - assist dispute to be resolved
   - save costs

Question 2

What is the court’s powers to order this?

Answer 2

The court has discretion
- May but does not have to