Case Alert - [2018] EWCA Civ 1470
Court of Appeal holds judge was right to reject application for
specific disclosure
The claimant's application for specific disclosure was
dismissed by the judge at first instance and the claimant sought
permission to appeal by writing to only the judge(and not the
defendant as well) after the hearing. Applying the principles laid
down by Warby J in Monroe v Hopkins, the Court of Appeal
held that the permission to appeal given by the judge was not
validly granted. The Court of Appeal then went on to consider
whether it should give permission to appeal and concluded that it
should not, since the appeal raised no issue of principle.
It held that the test for specific disclosure is clear:
"The application for specific disclosure will usually arise
because the applicant believes that the other party has not given
adequate disclosure first time round. But that is not inevitable:
sometimes, there may be documents (or a
