| Source: | All England Reporter |
| Publisher Citation: | [2001] All ER (D) 09 (Dec) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Ward, May and Rix LJJ |
| Representation | Geoffrey Vos QC, Joe Smouha and Andrew Twigger (instructed by Teacher Stern Selby) for B. |
| Charles Hollander QC and Orlando Gledhill (instructed by Ashurst Morris Crisp) for S. | |
| Judgment Dates: | 3 December 2001 |
Catchwords
Disclosure - Pre-action disclosure ||Whether proceedings between parties likely - Whether pre-action disclosure desirable - s 33(2) - CPR 31.16.
The Case
Section33(2) of the in its amended form meant no more than that the persons concerned were likely to be parties in proceedings if those proceedings were issued, and 'likely' meant no more than 'might well', and the jurisdictional and discretionary aspects of CPR31.16 should not be confused.
Practice Areas
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