Dispute

Question 1

What is pre-action disclosure?

Answer 1

1) Both are likely to party to the upcoming proceedings
2) Documents would be in standard disclosure
3) Disclosure is desirable to dispose of proceedings fairly

Question 2

What is non-party disclosure?

Answer 2

1) Documents likely to support the applicants case or adversely affect the case of another party.
2) Disclosure is necessary to dispose of proceedings fairly.

Question 3

What are formalities of part 36 offer ?

Answer 3

• must be in writing (N242A)
• state whether it takes into account counterclaim
• specify period of not less then 21 days
• state whether it relates to whole claim or part of it
• make it clear it is pursuant to part 36

Question 4

Grounds for prohibitory injunction ?

Answer 4

1) serious issue to be tried?
2) damages an adequate remedy ?
3) balance of convenience - by granting or not granting does one party suffer irreconcilable damage