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recent surge in pre-action disclosure applications

14 August 2013

At a time when claimant solicitors are being limited in the costs they can seek, we have seen an influx of pre-action disclosure applications. In particular applications have been made prior to the expiry of the time period allowed under the protocols or even where disclosure has already been made.

The attitude taken towards compliance with the pre-action protocols has not been in keeping with the purpose or the sprit of the protocols in allowing early communications between claimant and defendant and where appropriate to settle the issue between the parties. This, one might think, might be more about cash flow than justice. What is more, the costs have jumped significantly, in several cases to just under £1000.

How should such applications be dealt with? Firstly, ensure that there is no cause for applications to be made. However, where an application is made without merit, this should be contested and in doing highlight that they run the risk of paying your costs!

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