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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.