Pre action disclosure

[steveeasy]

Hi,
We are involved in a dispute and before filing a claim would prefer to obtain any evidence in advance.* We have asked the other party to make documents available or will apply to the court under civil procedures rules pre action disclosure.* they have refused any information.
My question is, is it realistic to submit a request for pre application disclosure. and is it an expensive option given standard disclosure is possible once a claim is filed.* Of course more evidence will be available after fileing a claim.


Thank you

Steveeasy,
*

[pt2537]

Hi,
We are involved in a dispute and before filing a claim would prefer to obtain any evidence in advance. We have asked the other party to make documents available or will apply to the court under civil procedures rules pre action disclosure. they have refused any information.
My question is, is it realistic to submit a request for pre application disclosure. and is it an expensive option given standard disclosure is possible once a claim is filed. Of course more evidence will be available after fileing a claim.


Thank you

Steveeasy,

Hi there

Ok so pre action disclosure can be very expensive, you would normally be ordered to pay the costs of the application along with the other sides costs of disclosing. Under the pre action protocol a party is expected to provide documents which they intend to rely on or which are directly relevant to the case. Has the other party refused to reply to a formal letter of claim? if so then a discovery application may work, there is case law on this if i recall. Black v Sumitomo which ruled that the other side had to pay the costs, i cannot recall whether it was because of unreasonable conduct or why but the rule can certainly be reversed if the otherside hasnt conducted themselves appropriately which it seems they havent.

You would need to make an application per CPR rule 31.16 and it would have to be properly supported by evidence, it is not a walk in the park of course.

One other option, assuming youve complied with the pre action protocol, is to issue proceedings and wait for their defence, if they defend and disclose documents that should have been provided before the action commenced, then you could seek costs of the action even if you were to discontinue the claim.

It may be better to get some initial legal advice on the matter, as errors can be very costly.

[steveeasy]

Thank you for your detailed response.* We made a formal complaint under the terms of our contract.* we were offered a mediation meeting if we confirmed we had exhausted all legal avenues.* (I thought this was unreasonable as anyone is at liberty to obtain legal advice during a complaint process)* The mediation meeting offered* had no mediator present when we attended.. We have been completely unable to resolve the dispute despite some acknowledgement on their behalf of wrongdoing.* They say they will makes changes in the future but this does not affect the outcome in our case.* We requested ADR mediation and were told only to improve our relationship going forward.* they will not consider their position at all.* we Requested mediation again in line with pre action protocol.* they ignored it.* Our contract states in the complaints process this should be instigated within 7 days of either party requesting it.

They have refused to provide any information at all including an appeal process notes they wrote to us indicating they would provide prior to the appeal.

Today I received a letter asking if we wished this to go ahead.* if so the mediation will cost £5,000 per day. yes £5000.* surely this is an unreasonable figure.* I am sure a mediation service can be found in an open market more cost effective.

Thank You.
Steveeasy*