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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers
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AN APPLICATION FOR PRE-ACTION DISCLOSURE:  THIS IS NOT A "FISHING EXPEDITION" AND IT IS AN APPROPRIATE CASE TO MAKE AN ORDER

AN APPLICATION FOR PRE-ACTION DISCLOSURE: THIS IS NOT A “FISHING EXPEDITION” AND IT IS AN APPROPRIATE CASE TO MAKE AN ORDER

January 13, 2026 · by gexall · in Applications, Civil evidence, Civil Procedure, Disclosure, Members Content

It is rare to see a fully reasoned judgment from the High Court in relation to an application for pre-action disclosure.  Here we have a case where the rules and principles were considered an applied.  There are some important lessons…

POTENTIAL CLAIMANT IN CREDIT HIRE CASE MUST GIVE PRE-ACTION DISCLOSURE OF DOCUMENTS RELEVANT TO IMPECUNIOSITY

POTENTIAL CLAIMANT IN CREDIT HIRE CASE MUST GIVE PRE-ACTION DISCLOSURE OF DOCUMENTS RELEVANT TO IMPECUNIOSITY

March 17, 2022 · by gexall · in Applications, Disclosure, Members Content

I am grateful to Garry Herring of Keoghs solicitors for sending me a copy of the judgment of HHJ Harrison in Allianz Insurance PLC -v- Holt (3rd December 2021). It is an example of the court exercising its discretion to…

PRE-ACTION DISCLOSURE CANNOT BE A FISHING EXPEDITION: A JUDGE WILL NOT DO THE PRUNING FOR AN APPLICANT

PRE-ACTION DISCLOSURE CANNOT BE A FISHING EXPEDITION: A JUDGE WILL NOT DO THE PRUNING FOR AN APPLICANT

September 28, 2021 · by gexall · in Applications, Disclosure, Members Content

The judgment of Deputy Master Brightwell in Willow Sports Ltd v Sportslocker24.com Ltd & Anor [2021] EWHC 2524 (Ch) is a reminder of how difficult it can be to obtain pre-action disclosure, particularly in commercial cases. It is also a…

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