Pre-action disclosure

A summary of the procedure for making an application for pre-action disclosure under CPR 31.16. This note covers the criteria that must be satisfied for the court to exercise its discretion to make an order for pre-action disclosure. It considers the relevant case law (including the leading case, Black v Sumitomo [2001] EWCA Civ 1819) and briefly highlights other routes for pre-action disclosure.

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