Pre-Action Disclosure

An excellent article by Simon Allen in the Law Society Gazette 15 September 2014 (lawgazette.co.uk) is well worth a look and it summarises clearly the test to be applied when applying for disclosure of documents or other evidence before starting a claim.

One of the key tests is whether disclosure before proceedings is desirable. It is certainly a very powerful tool because depending on the disclosure, one can decide whether or not to actually start a claim at all.

The Court of Appeal again emphasise the importance of the Overriding Objective, and the obligation upon parties to co-operate with cost sanctions.

This is quite separate from obligations under a pre-action protocol. The modern way more and more is hands open cards on the table full co-operation or else. The days of battling and pulling stunts/ are over. A more subtle approach is required.

Early legal expert advice is essential.