SQE Daily.

Conditions for pre-action disclosure (CPR 31.16)

Kenji Watanabe's bakery in Leeds suffered a fire which he believes was caused by a commercial oven supplied and serviced by Thermacore Ltd. Kenji intends to sue Thermacore for breach of contract and negligence, but Thermacore has refused his request for copies of its service and fault records for the oven. Kenji's solicitor considers applying to the court for an order for disclosure of those records before issuing proceedings.

Which of the following must the court be satisfied of before it can order pre-action disclosure?

Choose one answer to see the reasoning.

  1. Dispute Resolution · FLK1No. L120

    Litigation privilege: contemplated litigation and dominant purpose (SFO v ENRC; Three Rivers (No 6))

    Which of the following best describes whether the reports are protected by litigation privilege?

  2. Ethics & Professional Conduct · FLK1No. L129

    Client instructs solicitor to withhold and delete a damaging disclosable document (Code 1.4 and 2.1)

    What should Hannah do?

  3. Criminal Practice · FLK2No. L089

    The prosecution's initial duty of disclosure of unused material (CPIA 1996 s.3)

    What must the prosecutor do with the passer-by's statement?