PHD Modular Access Services Ltd v Seele GmbH
Citation: All ER (D) 69 (Sep)
Nature of case:
The High Court considered the extent to which it is necessary to show that proceedings are contemplated or likely when making an application for pre-action disclosure under Civil Procedure Rule 31.16. Akenhead J held that for pre-action disclosure to be ordered under CPR r.31.16, it was not enough that court proceedings were contemplated by the parties; the proceedings had to be “anticipated”, in that there was a real prospect, if not a certainty or a likelihood, that an action would be commenced.