An interesting article by Vijay Bange and Matthew Friedlander from Duane Morris looking at some of the ways pre-action disclosure is managed by the courts.  Pre-action disclosure can be a powerful and useful weapon that can help narrow the issues and potentially resolved certain issues, but it must also be appropriately used.

In Taylor Wimpey LTD v Harron Homes LTD [2020 EWHC] 1190 (TCC) QBD (TCC) (Fraser J), the judge determined that those documents necessary or required for the expert determination were a matter for the expert-determination process, and not the court.  Equally, the judge made it clear that the court would not tolerate requests that it considers to be intended to frustrate, impede or interfere the legal process.

In these cases, it is important to understand the IT systems in play and to understand where relevant documents are likely to exist - so that requests can be targeted and proportionate.  This is a process which is wise to commence at an early stage of any dispute, so that the information can be appropriately incorporated into the legal strategy and process.