Specific Disclosure, Specific Inspection and Pre-Action Disclosure

Question 1

What is specific disclosure?

A. Requesting to amend pleadings
B. Ordering search for documents and disclosure
C. Objecting to the trial venue
D. Cross-examining a witness

Answer 1

B. Ordering search for documents and disclosure

Explanation: Specific disclosure is an order requiring a party to search for and disclose specified documents (CPR 31.12).

Question 2

When can a party apply for pre-action disclosure?

A. Only once a defence has been filed
B. Only after allocation
C. Before proceedings are issued
D. After trial

Answer 2

C. Before proceedings are issued

Explanation: Pre-action disclosure is requested before formal proceedings start (CPR 31.16).

Question 2

Party A discloses documents but refuses inspection saying it would be disproportionate. Party B disagrees. What should Party B apply for?

A. Pre-action disclosure
B. Specific inspection
C. Summary judgment
D. Interim injunction

Answer 2

B. Specific inspection

Explanation: Specific inspection is used when a party disputes the refusal to allow inspection of disclosed documents.

Question 3

In a pre-action disclosure application, who usually pays the costs of the application?

A. Applicant
B. Respondent
C. The court
D. Costs are shared equally

Answer 3

A. Applicant

Explanation: Normally, the applicant pays the respondent’s costs under CPR 46.1 unless the court orders differently.

Question 4

Which is NOT a condition for obtaining pre-action disclosure?

A. Both parties likely to be in proceedings
B. Documents relevant to standard disclosure would be included
C. Expert reports must be exchanged first
D. Disclosure is desirable for fair disposal or cost saving

Answer 4

C. Expert reports must be exchanged first

Explanation: Exchange of expert reports is not required before seeking pre-action disclosure.

Question 5

After receiving a request for inspection under CPR 31.15, within how many days must the disclosing party allow inspection?

A. 3 days
B. 5 days
C. 7 days
D. 10 days

Answer 5

C. 7 days

Explanation: Under CPR 31.15, inspection must be allowed within 7 days after receiving written notice requesting inspection.

Question 6

Which of the following would be the STRONGEST reason for the court to refuse to grant an order for specific disclosure?

A. Disclosure would involve only a small number of documents
B. Disclosure would disproportionately increase costs compared to the case’s value
C. The applicant has made a clear and targeted list of documents
D. The documents relate directly to disputed issues in pleadings

Answer 6

B. Disclosure would disproportionately increase costs compared to the case’s value

Explanation: The court must apply the overriding objective, including proportionality of costs to value; disproportionate costs can defeat an application.

Question 7

Specific disclosure can include:

A. Amending pleadings
B. Requiring a party to permit inspection
C. Requiring the court to investigate
D. Changing case management directions

Answer 7

B. Requiring a party to permit inspection

Explanation: Specific disclosure can involve ordering the search and inspection of specific documents.

Question 8

If proceedings had started, standard disclosure would cover the documents requested. Which application fits?

A. Pre-action disclosure
B. Specific inspection
C. Summary disposal
D. Part 36 offer

Answer 8

A. Pre-action disclosure

Explanation: Pre-action disclosure allows early access to documents that would be covered by standard disclosure if proceedings began.

Question 9

Which best describes the court’s approach to deciding a specific disclosure application?

A. Automatically grants if requested
B. Focuses only on relevance, not proportionality
C. Considers all circumstances and overriding objective
D. Always defers decision to trial

Answer 9

C. Considers all circumstances and overriding objective

Explanation: The court exercises discretion and must consider proportionality and the overriding objective.