Applications for pre-action disclosure — not such a high hurdle after all
The Court of Appeal has given clarification on the threshold that an applicant must meet in order to obtain pre-action disclosure.
Under rule 31.16 of the Civil Procedure Rules, the court may make an order for pre-action disclosure only where: the applicant and respondent are likely to be the parties to subsequent proceedings; and the documents sought by the applicant would be covered by standard disclosure in subsequent proceedings (together the ‘jurisdictional threshold’) and pre-action disclosure is desirable for fairness, to assist in avoiding proceedings, or to save costs (‘discretionary test’).
In the case of Smith v Secretary of State for Energy & Climate Control  EWCA Civ 1585, the applicant had worked for the National Coal Board for 30 years, spending many of those years in a noisy underground environment. He believed that he had suffered noise-induced hearing loss as a result…
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Wragges has prepared this glossary of terms to assist your understanding of some of the more common terminology used in insurance policies that you may come across in the construction industry.
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