Disclosure

Question 1

What is the main purpose for Pre-Action disclosure?

Answer 1

Pre-Action disclosure is made when potential Claimant needs to look at documents belonging to potential D to decide whether or not there is a viable case

Question 2

What are the requirements for Pre-Action disclosure?

Answer 2

1. Both applicant and respondent must be likely to be a party to proceedings
2. The material(s) to be disclosed must be likely or must have been in the possession, custody or power of the potential defendant
3. Materials must be relevant to the issue

Question 3

Why is Pre-Action disclosure desirable?

Answer 3

1. Determine if proceedings can be avoided
2. Any proceedings can be dealt with fairly
3. Costs can be saved

Question 4

Which documents are relevant in Pre-Action disclosure to be disclosed?

Answer 4

Documents which would have to be disclosed under standard disclosure

Question 5

Which property may the court make an order for Inspection?

Answer 5

Property

1. which appears to court to be property which may become the subject matter of proceedings
2. which any questions may arise in proceedings
3. court may order sample taking or carry out experiment with such property

Question 6

TRUE OR FALSE: One requirement of Pre-Action disclosure is that a party must show that proceedings are likely or else disclosure will not be ordered?

Answer 6

FALSE. No need to show that proceedings are likely

Question 7

TRUE OR FALSE: Written orders must specify that respondent is to indicate what has happened to any documents no longer in his control?

Answer 7

FALSE. May specify

Question 8

TRUE OR FALSE: Written orders may specify that respondent is to indicate what has happened to any documents no longer in his control

Answer 8

TRUE.

Question 9

When will the Court NOT make an order for Pre-Action disclosure?

Answer 9

If it is injurious to the public interest

Question 10

Who pays the costs of obtaining a Pre-Action disclosure order?

Answer 10

The party requesting it

Question 11

When can the Court make an order for Pre-Action disclosure to a person who is not party to proceedings?

How do the Courts decide on the person who is not party to proceedings?

Answer 11

Where proceedings are for Personal Injury or Death

The person is likely to have in their possession, custody or power an documents which are relevant to an issue arising out of the claim.