Pre-Action Disclosure

Pre-action disclosure can be obtained by application to the court under Civil Procedure Rule 31.6. The order will require a party to disclose documents currently in its possession before any proceedings have been issued, thus giving the applicant a clearer understanding of the parties' respective positions. Seeking pre-action disclosure may help to reduce the scope of the claim, saving both time and expense, and in some cases, removes the need for litigation altogether.

Where you wish to seek a pre-action disclosure, you must demonstrate that there is a likelihood the respondent will be a party to the proceedings and the documents requested are relevant to the potential claim. The court will also want to see evidence that you have sought voluntary disclosure before applying to the court for assistance. Time is of the essence in a pre-action disclosure applications, as the more time both parties have before proceedings commence to consider the disclosed documents, the greater the saving in cost and time.

Bright Line Law is a barrister law firm led by Jonathan Fisher QC, one of the UK's leading barristers in white collar crime cases, provides specialist advisory, advocacy, litigation, policy and strategic services. If you require specialist advice on pre-action disclosure, contact Jonathan Fisher QC directly at jf@brightlinelaw.co.uk or another member of our team or telephone us on + 44 (0)203 709 9470.

Jonathan Fisher QC
Lead Counsel

Email jf@brightlinelaw.co.uk
Telephone + 020 3872 2852

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