Pre-action disclosure

Topic preview

1. 01

   When disclosure is worth seeking

   A client says they cannot decide whether to issue because the other side holds key papers. What exact question do you ask to test whether pre-action disclosure is worth considering at all?

2. 02

   Court test for disclosure

   Run through the three threshold points you must check before advising on an application for pre-action disclosure.

3. 03

   Narrowing the disclosure request

   How do you narrow the document request so it looks proportionate and focused rather than like a fishing expedition?

4. 04

   Evidence for the application

   What should you include in the application evidence to show the documents are needed now and why ordinary post-issue disclosure is not enough?

5. 05

   Resisting disclosure tactically

   If the other side is likely to resist, what warning do you give the client about the commercial and strategic downside of pressing ahead?

6. 06

   Costs of the application

   If the application succeeds or fails, what costs point do you flag before the client commits to it?

7. 1 more building block

   The full topic unlocks with FLK1 Playbook, including the remaining prompts and answer-key marking.