0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Pre-action disclosure

The problem

Applications for pre-action disclosure are disruptive for defendants in handling pre-litigation claims. They:
  • increase shelf life
  • increase pressure to admit liability
  • cost legal fees, even where you may have a good defence. 

The solution

We have developed a product whereby we:

  • dissuade claimants from issuing applications for pre-action disclosure
  • where applications have already been issued, minimise your liability to pay claimant’s costs, even when you are in breach of a pre-action protocol:
    • at best, we will recover costs from claimants
    • at worst, you will be paying the legal costs you would have had to pay in any event.
  • discourage claimant’s solicitors from issuing future applications against you
  • save you money. 

The detail

We have developed a series of precedent letters for you or your claims handlers to use: 
  • when a new claim is received
  • when you receive notification that an application for pre-action disclosure is intended. 
We have also developed a suite of precedent documents for use with the court and claimant’s solicitors to ensure costs are kept to a minimum and which will assist us to recover costs where applications proceed to a contested hearing.

How much will it cost?

  • if we are successful in recovering our costs from the claimant, it should cost you nothing
  • applications are dealt with on a discounted CFA basis whereby we will deal with your application on a discounted blended rate of £150 per hour plus vat but where we are successful in being awarded costs we are entitled to recover local court rates. 

Terms and conditions

  • to ensure we have the best prospects of successfully recovering costs you should use the precedent letters on notification of a new claim and on notification of an intention to issue an application
  • applications will be dealt with on a discounted CFA basis
  • instructions to handle pre-action disclosure applications will be deemed to be in accordance with these terms and conditions, unless agreed otherwise.