Civil Procedure Rules : 31.16

Disclosure before proceedings start31.16

  • (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:


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3 Responses to “Civil Procedure Rules : 31.16”

  1. Civil Procedure Rules: Part 31 « Data - Where is it? Says:

    […] 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. […]

  2. Case Law: Disclosure - Bermuda International Securities Ltd v KPMG « Data - Where is it? Says:

    […] International Securities Ltd v KPMG in February 2001 relates to pre-action disclosure, under 31.16, of the Civil Procedure Rules, and is often quoted along side Black V […]

  3. Case Law: Civil Procedure Rules Examples « Data - Where is it? Says:

    […] disclosure, disclosure before a case is defiend by the Civil Procedure Rules 31.16. Case law relating to this […]


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