From time to time a person who is investigating whether to bring a claim against another is hampered by not having documents which would aid his decision. It is possible for him to make a stand alone application to the court for an order that the other person disclose documents before the start of the substantive action. This is a useful tool which can alter the power balance in a negotiation and can itself lead to settlement of a dispute.

The threshold criteria for a pre-action disclosure order are as follows:

1...Whether the respondent is likely to be a party to a subsequent court action

2...Whether the applicant is likely to be a party to a subsequent court action whether the documents being sought are within the category that would have to be disclosed in the course of substantive court proceedings

3...Whether the disclosure ahead of a substantive action is desirable in order to

dispose of the anticipated proceedings, or
assist in the resolution of the dispute without the substantive action, or
save costs