Tips and recommendations 

What is pre-action discovery?

Leia Doyle

What is pre-action discovery?

Introduction. Pre-action discovery is a powerful tool which provides litigants access to information which would ordinarily be disclosed only during discovery in ongoing proceedings. It is not unusual for customers of banks to employ this mechanism to seek information from the bank.

How do I get a pre-action disclosure?

To make an application for a pre-action disclosure order you will need to:

  1. file an application notice using Form N244 or N244 CC for the Commercial Court.
  2. supporting evidence (CPR 31.16(2)). For details, see Evidence required by the applicant.
  3. pay the relevant court fee.
  4. file a draft order.

What is a pre-action disclosure request?

What is a pre-action disclosure application? Under CPR 31.16, a potential party (applicant) may apply to court before proceedings have been issued to obtain disclosure of documents from another potential party (respondent). This is known as an application for pre-action disclosure (PAD).

What is a Pre Action Protocol?

Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims. They are approved by the Master of the Rolls and are annexed to the Civil Procedure Rules (CPR).

How long does Pre-Action Protocol take?

(The precise time will depend upon the circumstances of the individual case. However, although a shorter or longer time may be appropriate in a particular case, 14 days is a reasonable time to allow in most circumstances.)

What shows up on a standard disclosure?

Information included in a standard disclosure unspent convictions. relevant spent convictions. unspent cautions. information from the Sex Offenders Register.

Can you claim pre-action costs?

The legal costs incurred pre-action only become recoverable once proceedings are commenced and only those costs referable to the claims actually pursued are recoverable. The practical implications are as follows: If a case settles and proceedings are not issued, the court will not have any jurisdiction over costs.

Is there a pre-action protocol for contract disputes?