header-logo header-logo

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

I can see clearly now...

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
An optometrist contesting a misconduct finding appealed his case because the judge heard it remotely while reclining in bed at home where he was recovering from surgery on a ruptured Achilles tendon
Official figures showing record criminal court backlogs provide further evidence ministers should abandon controversial plans to scale back access to jury trials, the Bar Council has said
A naturist walking naked on a public footpath near Macclesfield did not have his human rights breached when a police officer arrested him, the High Court has held
CILEX has urged the government to maintain the Access to Justice Foundation’s (AJF’s) status as the only charity entitled to undistributed damages and settlements from opt-out collective actions
The Ministry of Justice is running a £4m national television and social media channel campaign to recruit thousands more magistrates
back-to-top-scroll