Pre-action disclosure - overviewPre-action disclosure

Parties may have to give disclosure under the appropriate pre-action protocol. A party may also apply to the court for an order for pre-action disclosure. The Civil Procedure Rules set out the procedure and documents required to make such an the application. Generally, the respondent will be entitled to its costs of both the application and the provision of the documents.

In considering the application, a court will consider the likelihood of the respondent being a party to any subsequent proceedings and not the likelihood of proceedings being issued.

For more detail see Pre-action disclosure - the application and costs and Pre-action disclosure - requirements and the courts approach.