In Smith –v- Secretary of State for Energy and Climate Change [2013] EWCA Civ 1585 the Court of Appeal stress that applications for pre-action disclosure should not become “mini trials” and set out the appropriate test for the courts to consider.
THE RULES RELATING TO PRE-ACTION DISCLOSURE
CPR 3...
An interesting case, which above anything else, perhaps demonstrates that disclosure, whether pre-action or otherwise, is such a vital stage of litigation, which clients do not often understand at thn outset.