Disclosure before proceedings start – 31.16
- (1)This rule applies where an application is made to the court under any Act for disclosure before proceedings have started(1).
- (2)The application must be supported by evidence.
- (3)The court may make an order under this rule only where –
- (a)the respondent is likely to be a party to subsequent proceedings;
- (b)the applicant is also likely to be a party to those proceedings;
- (c)if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and
- (d)disclosure before proceedings have started is desirable in order to –
- (i)dispose fairly of the anticipated proceedings;
- (ii)assist the dispute to be resolved without proceedings; or
- (iii)save costs.
- (4)An order under this rule must –
- (a)specify the documents or the classes of documents which the respondent must disclose; and
- (b)require him, when making disclosure, to specify any of those documents –
- (i)which are no longer in his control; or
- (ii)in respect of which he claims a right or duty to withhold inspection.
- (5)Such an order may –
- (a)require the respondent to indicate what has happened to any documents which are no longer in his control; and
- (b)specify the time and place for disclosure and inspection.
The commonly referenced cases in relation to this nature of disclosure are:
- Black v Sumitomo Corporation
- Hutchinson 3G UK Ltd v 02 (UK) Ltd
- Bermuda International Securities Ltd v KPMG