By Jane Larner
Prior to the introduction of the CPR, it was only possible to obtain disclosure of documents from the other side, before the commencement of an action, in cases involving personal injury or in respect of a person's death. If a party considered that its opponent held documents that would assist its case in any other circumstance, it was necessary to issue proceedings and then apply to the court to obtain sight of those documents early in proceedings. If the order was not granted, the party had to wait until "discovery" (now called disclosure) took place, which could be many months down the line.
The CPR (Rule 31.16) extended the ability to apply for disclosure of documents prior to commencement of proceedings (or "pre-action disclosure") to all cases. Pre-action disclosure will be ordered if the court is satisfied that the respective parties to the application are likely to be parties to the proceedings and that disclosure is necessary in order to dispose fairly
