English Court Confirms Pre-Action Disclosure Is Available Against Parties Outside Its Jurisdiction

December 13, 2017

A weapon of value to litigants in England is the ability to seek disclosure of documents from a likely party to litigation before proceedings start. Obtaining such pre-action disclosure can yield crucial information at the earliest possible time which can save costs, enable any subsequent claim to be pleaded more precisely, narrow the issues in dispute between the parties, and encourage early settlement. In some cases, pre-action disclosure can even avoid the need for proceedings to be commenced altogether.

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