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Updates and Commentary on Civil Procedure, by Gordon Exall, Barrister, Kings Chambers, Leeds, Manchester & Birmingham.
Browse: Home » Pre-action disclosure
PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE "FISHING EXPEDITION" ANALOGY MAY NOT BE A GOOD ONE

PRE-ACTION DISCLOSURE: CONDUCT, DISCRETION AND THE “FISHING EXPEDITION” ANALOGY MAY NOT BE A GOOD ONE

May 14, 2020 · by gexall · in Applications, Civil Procedure, Disclosure

It is relatively rare for  there to be a High Court judgment on the issue of pre-action disclosure.   In Taylor Wimpey UK Ltd v Harron Homes Ltd [2020] EWHC 1190 (TCC) Mr Justice Fraser had some interesting observations on the…

THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR

THE COSTS OF PRE-ACTION DISCLOSURE: IS IT WORTH THE RISK? £40,000 SPENT IN COSTS FOR DOCUMENTS THAT WERE AVAILABLE UNDER GDPR

February 2, 2020 · by gexall · in Applications, Assessment of Costs, Costs, Summary assessment,

I am looking again at the decision in  Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB). This time I am looking at the order in relation to costs.  The application cost in excess of £40,000 in relation to…

APPLICATION FOR PRE-ACTION DISCLOSURE: COURT'S DISCRETION EXERCISED AGAINST THE APPLICANT

APPLICATION FOR PRE-ACTION DISCLOSURE: COURT’S DISCRETION EXERCISED AGAINST THE APPLICANT

February 2, 2020 · by gexall · in Appeals, Clinical Negligence, Disclosure

In Hussain v Medical Defence Union & Anor [2020] EWHC 157 (QB) Clive Sheldon QC (sitting as a High Court judge) refused an application for pre-action disclosure.  This judgment makes it clear that pre-action disclosure is, ultimately, a matter of…

DEFENDANT'S APPLICATION FOR PRE-ACTION DISCLOSURE REFUSED: AN ORDER WOULD NOT SAVE COSTS OR ASSIST THE DISPUTE TO BE RESOLVED WITHOUT PROCEEDINGS

DEFENDANT’S APPLICATION FOR PRE-ACTION DISCLOSURE REFUSED: AN ORDER WOULD NOT SAVE COSTS OR ASSIST THE DISPUTE TO BE RESOLVED WITHOUT PROCEEDINGS

January 10, 2019 · by gexall · in Appeals, Applications, Damages, Disclosure

In Lacey v Leonard [2018] EWHC 3528 (QB) Mrs Justice Slade DBE upheld a decision refusing the defendant’s application for pre-action disclosure.  The primary ground for refusal was that disclosure of medical records, and various documents relating to employment, would not…

SUCCESSFUL PRE-ACTION DISCLOSURE APPLICATION BY DEFENDANTS: CLAIMANTS HAD TO GIVE INFORMATION AS TO IMPECUNIOSITY

SUCCESSFUL PRE-ACTION DISCLOSURE APPLICATION BY DEFENDANTS: CLAIMANTS HAD TO GIVE INFORMATION AS TO IMPECUNIOSITY

October 14, 2018 · by gexall · in Applications, Damages, Disclosure

In EUI Ltd v Charles & Ors [2018] EW Misc B7 (CC) HHJ Robert Harrison made an order that claimants give pre-action disclosure of documents relevant to the issue of impecuniosity.  The practical consequences of this decision could be enormous.  Given…

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT'S INSURANCE COVER

PRE-ACTION DISCLOSURE: NOT GRANTED WHEN THE PURPOSE WAS TO SEEK DETAILS OF DEFENDANT’S INSURANCE COVER

April 27, 2017 · by gexall · in Disclosure

In Peel Port Shareholder Finance Company Ltd-v- Dornoch Ltd [2017] EWHC 876 (TCC) Mr Justice Jefford refused an application for pre-action disclosure of an insurance policy. There is an interesting discussion of the scope of pre-action disclosure and the interrelationship…

FIXED COSTS APPLY TO APPLICATIONS FOR PRE-ACTION DISCLOSURE: COURT OF APPEAL DECISION TODAY

February 1, 2017 · by gexall · in Appeals, Applications, Costs, Disclosure, QOCS

The Court of Appeal judgment today in Sharp -v- Leeds City Council [2017] EWCA Civ 33 deals with an important point about fixed costs and applications for pre-action disclosure. KEY POINTS An application for pre-action disclosure made by a claimant…

HEARING AN APPLICATION FOR PRE-ACTION DISCLOSURE AFTER PROCEEDINGS ARE ISSUED: FURTHER DEVELOPMENTS

February 21, 2016 · by gexall · in Applications, Disclosure, Uncategorized

An earlier post considered the question whether an application for pre-action disclosure can properly be made after proceedings were issued.  This issue was considered again by HHJ Moloney QC (sitting as a judge of the High Court) in Anglia Research…

THE AMENDED PRE-ACTION PROTOCOLS ARE OUT: THE LINK

April 9, 2015 · by gexall · in Applications, Civil Procedure, Rule Changes

The revised Pre-Action Protocols are now available (3 days after they came into force). THE LINK The Protocols are available on the Justice website and available here.  There are 119 pages. THE AMENDMENTS Amendments are made to 8 of the Protocols….

PRE-ACTION DISCLOSURE WAS JUSTIFIED AND REASONABLE: COURT OF APPEAL DECISION

October 9, 2014 · by gexall · in Appeals, Applications, Civil evidence, Civil Procedure

In the judgment today in  Jet Airways (India) Ltd -v- Barloworld Handling Ltd [2014] EWCA Civ 1311 the Court of Appeal reiterated the criteria for pre-action disclosure. The Court upheld a decision ordering pre-action disclosure and were extremely firm in…

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

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

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….

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