Pre-action disclosure

Question 1

when is this helpful?

Answer 1

Pre-action disclosure helpful to:
o Understand the strength of prospective C’s case
o Assist in determining the case which can be pleaded
o Assist in determining whether settlement is possible

Question 2

what must the party file?

Answer 2

N244 + evidence

Question 3

when will the court make a pre-action disclosure order?

Answer 3

Court can make an order where (discretionary power):
o Parties to the application are likely to be parties to subsequent proceedings
o The docs would fall under standard disclosure if proceedings had started
o Pre-action disclosure is desirable to:
 Fairly dispose of the anticipated proceedings
 Assist the dispute to be resolved without proceedings; or
 Save costs

Question 4

what must the order state?

Answer 4

The order must:
o Specify the documents/class of documents to be disclosed
o Require R to specify documents no longer in their control or has a right to withhold from inspection