header-logo header-logo

I can see clearly now...

21 February 2014 / Theo Huckle KC , Cathrine Grubb
Issue: 7595 / Categories: Features , Personal injury
printer mail-detail
web_grubb_huckle

Theo Huckle QC & Cathrine Grubb examine pre-action disclosure & the application of CPR 31.16

In December, the Court of Appeal handed down its judgment in the case of Smith v Secretary of State for the Environment and Climate Change [2013] EWCA Civ 1585, which provides clear and useful guidance on CPR r 31.16.

An applicant for pre-action disclosure has to satisfy the court that:

  1. The applicant and respondent are likely to be a party to subsequent proceedings (CPR r 31.16 (3)(a) and (b)).
  2. If proceedings were started the respondent’s duty by way of standard disclosure would extend to the (class of) documents that the applicant seeks (CPR r 31.16 (3)(c)).
  3. Disclosure before proceedings is desirable in order to dispose fairly of the anticipated proceedings, assist the dispute to be resolved without proceedings and save costs (CPR r 31.16(3)(d)).

Two stage approach

CPR 31.16 requires a two-stage approach: The first stage is to establish whether these jurisdictional thresholds prescribed by heads (a)-(d) are satisfied. If so, the

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
In NLJ this week, Ian Smith, emeritus professor at UEA, explores major developments in employment law from the Supreme Court and appellate courts
Writing in NLJ this week, Kamran Rehman and Harriet Campbell of Penningtons Manches Cooper examine Operafund Eco-Invest SICAV plc v Spain, where the Commercial Court held that ICSID and Energy Charter Treaty awards cannot be assigned
back-to-top-scroll