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England and Wales decisions
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The Commercial Court dismissed a pre-action disclosure application arising from allegations of fraudulent misrepresentation and conspiracy over a failed Vice Group sale.
The High Court set aside permission to serve a pre-action disclosure application on Ferrari in Italy, holding section 33 SCA did not extend to foreign-held documents.
The requirements of CPR 31.16 for pre-action disclosure were satisfied as both parties were likely to be parties to subsequent proceedings, the documents sought fell within standard disclosure, and disclosure was desirable to clarify the extent of any claim and potentially resolve the dispute without litigation or limit costs. The order was granted with limitations to ensure proportionality.
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The High Court refused pre-issue interim relief, pre-action disclosure, a stay of a prior costs order, and an interim payment in a misfeasance in public office housing claim.
Adamir v London Borough of Hammersmith and Fulham [2026] EWHC 794 (KB) (05 March 2026)
The High Court refused Mr Adamir’s pre-issue application for injunctions, disclosure, an interim payment and a stay of costs, finding no strong case of misfeasance or fraud.
The court ordered pre-action disclosure as the applicants and respondent are likely parties to the intended proceedings, the documents sought are evidentially relevant and would fall within standard disclosure, and disclosure is desirable to enable fair disposal and cost saving. Confidentiality obligations do not bar disclosure where the documents would be disclosed in proceedings between likely defendants. The scope of disclosure includes documents evidencing individual and aggregate holdings and cross-holdings.
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Parties Listed at Schedule 1 to the N244 v Kroll Trustee Services [2026] EWHC 216 (Ch) (20 January 2026)
The High Court granted pre-action disclosure in a finance restructuring dispute, holding that confidentiality did not justify refusing targeted disclosure under CPR 31.16.
PMD Business Finance Holdings Ltd v Lee Schofield & Anor [2026] EWHC 10 (KB) (05 January 2026)
The High Court granted PMD pre-action disclosure under CPR 31.16, with limits, in a dispute over alleged restrictive covenant breaches and inducement claims.
Khan v Chief Constable of Devon & Cornwall Police [2025] EWHC 3258 (KB) (10 December 2025)
The High Court refused a pre-action application to preserve and inspect police-held exhibits, finding no real risk of destruction or concealment of evidence.
The Applicant made clear representations that costs would not be sought if the will file was provided voluntarily. The Respondents relied on these representations and complied. Despite the Respondents' unreasonable delay, the Applicant's representations preclude an award of costs. No order as to costs is made.
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