Pre-Action Applications

Question 1

When is it appropriate to make a pre-action application?

Answer 1

When the other party is frustrating the pre-action process by ignoring correspondence and failing to provide documents but there is not enough information to start a court action straightaway

Question 2

Before an application is made-

Answer 2

The applicant should warn the respondent in writing

Question 3

CPR 31.16

Answer 3

Contains procedure governing pre-action disclosure

Question 4

What needs to be prepared to make an application for pre-action disclosure?

Answer 4

An application notice on form N244 with the order sought, brief reasons for application, signed statement of truth, request for a hearing date and details of the applicant

Question 5

When does the notice must be served?

Answer 5

At least three clear days before the hearing

Question 6

If evidence in form of a witness statement provided with a witness statement, then-

Answer 6

The statement of truth must be signed by the applicant

Question 7

In respect of which documents a pre-action disclosure application can be made?

Answer 7

Non privileged ones that the potential defendant has or has had in their possession

Question 8

Section 33 Senior Courts Act 1981 and section 52 County Courts Act 1984

Answer 8

Empowers the court to order a person who appears likely to be made a defendant in subsequent proceedings to disclose documents to the proposed claimant before a claim is issued

Question 9

Requirements for an application for pre-action disclosure to be made (3)

Answer 9

The application is by and sought against parties who are likely to be parties to a subsequent action; the application relates to documents that fall within the definition of standard disclosure; the advance disclosure is necessary to dispose fairly of the anticipated proceedings and/or save costs and/or assist resolution of the dispute without the need to commence proceedings

Question 10

What does the application for pre-action inspection of a property cover?

Answer 10

Pre-action inspection, photographing, preservation, custody or detention of any property which is or may become the subject matter of subsequent proceedings and which may be relevant in such proceedings

Question 11

The court will make an order for inspection if-

Answer 11

It will enable the potential claimant to decide whether or not to commence proceedings on the strength of the property inspected or the documents disclosed

Question 12

Interim property orders (5)

Answer 12

The detention, custody and preservation; the inspection; the taking of samples; the carrying out of experiments on or with; the sale of perishable property

Question 13

As regards costs, the usual order in pre-action applications is that-

Answer 13

The party making the application will have to pay them but a different order may be made under r46.1 having regard to all the circumstances