If you are a party to a dispute, you may come across the concept of pre-action disclosure. For instance, if your business has received a letter before claim, you may also have received a letter requesting pre-action disclosure of certain documents. Pre-action disclosure refers to an order obligating the defendant to make certain disclosures before the claimant issues the claim form. This article will explain what pre-action disclosure and its practical implications are so you can plan accordingly.<\/p>\n\n\n\n
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Before looking at pre-action disclosure, it is helpful to define general disclosure. Under the rules that govern court proceedings in the UK, disclosure is the process where one party \u2014 usually the defendant \u2014 informs the other party about documents that are relevant to the dispute. The other side usually inspects these documents unless privilege<\/a> protects such documents. <\/p>\n\n\n\n Disclosure is a standard part of the litigation process for complex and high-value claims, particularly those in excess of \u00a3100,000. It usually happens after the claimant issues the claim form and the defendant indicates their intention to defend the claim. The court typically convenes a case management conference, setting out the terms of disclosure. Absent an order, the documents the defendant must disclose fall under standard disclosure rules. <\/p>\n\n\n\n As the name suggests, pre-action disclosure refers to an order obligating the party likely to be the defendant to make certain disclosures before the claimant issues the claim form. <\/p>\n\n\n\n The party making the court application must be the claimant if proceedings eventually commence. This party is called the applicant. The party likely to be the defendant is called the respondent.<\/p>\n<\/div>\n\n\n\n The applicant must satisfy four conditions to obtain a pre-action disclosure order. These are the:<\/p>\n\n\n\n It is usually quite clear when the first two conditions are satisfied. We will therefore consider the second two conditions in more detail. <\/p>\n\n\n\n The documents an applicant seeks must fall under the standard disclosure rules<\/a>. This is because if the dispute escalates to proceedings, the documents the applicant seeks will be disclosed in due course. <\/p>\n\n\n\n Documents that you must disclose under the standard disclosure rules must be documents that are relevant to the dispute, and the defendant controls the documents.<\/p>\n<\/div>\n\n\n\n The definition of a document is intentionally broad and covers nearly every form of information or media imaginable. <\/p>\n\n\n\n A document is relevant<\/a> if either of the three conditions are met if the:<\/p>\n\n\n\n The question of the \u2018defendant\u2019s control\u2019 is usually straightforward. It also extends to documents in the control of the defendant\u2019s agents and advisers, such as solicitors and accountants. <\/p>\n\n\n\n When asking if pre-action disclosure is desirable, the court is essentially trying to determine if either pre-action disclosure can:<\/p>\n\n\n\n The court will consider its overriding objective to ensure that disputes are handled proportionate to costs. This objective also seeks to ensure that the dispute is handled fairly. <\/p>\n\n\n\n\n\n Continue reading this article below the form\n <\/i>\n<\/a>\nWhat is Pre-Action Disclosure? <\/h2>\n\n\n\n
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Rules for Standard Disclosure <\/h3>\n\n\n\n
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Is Pre-Action Disclosure Desirable? <\/h3>\n\n\n\n
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