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disclosure before proceedings start

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  • disclosure before proceedings start

    We have been told by the organisation we are in dispute with,* the matter is finished.* we requested ADR to resolve the complaint as part of our contract and also as part of pre action protocol.* They have refused this as they say there decision is final.* we have requested ADR again.* in the meantime id like to obtain certain documents.* they have refused this.* How would one apply to the court under 31.16 to obtain disclosure before proceedings start.* is it likely to be successful, the organisation will fight to withhold disclosure.* If we file a claim against them in due course are the duty bound to disclose any information we request such as third party application forms and internal documents specific to our claim.

    Thank you
    Steveeasy*


    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 started1.

    (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;
    *
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