PRE-ACTION DISCLOSURE: THE APPROPRIATE TEST CONSIDERED BY THE COURT OF APPEAL

December 8, 2013 · by · in Appeals, Applications, Civil evidence, Civil Procedure, Members Content

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….