Fully updated for 2018 to include all major statutory and case law developments | Interactive program based on tested litigation scenarios | Delegates will receive a detailed Europa Law Analysis Pack & structured advice outlines for all case studies| 3 CPD Points

Presenter; Graeme Wood. See biography HERE

Overview

PAD (Pre-action disclosure) Applications (aka 'chicken and egg' disclosure Applications) are an increasingly common feature of the civil litigation landscape in England and Wales. A sound PAD Application can have potentially significant costs savings for the client and may enhance the prospects for early settlement. It may also be advantagous in other ways, for example, by enabling a common factual basis to be ascertained or avoiding the need to plead the case on a paucity of evidence. PAD Applications are, however, considered an exception to the normal route for disclosure under Rule 31.6 and need to be handled with care. This half-day session will provide you with essential knowledge for any PAD Application you may be involved with.

Example areas covered during the program

• The statutory basis for the Application; Section 33 (2) Senior Courts Act 1981 & CPR 31.16
• Making the Application & documents in support
• Timing of the Application
• Overview of the jurisdictional thresholds which the Application must satisfy
• The probative test for furture substantive proceedings between the parties; Black v Sumitomo Corpn [2002]; Kneale v Barclays Bank [2010]
• Is the disclosure sought encompassed by standard disclosure?
• Persuading the Court that PAD is desirable on the facts of the case
• The discretion to order PAD - What factors will be relevant
• Dealing with the issue of costs on the Application
• How to use PAD to your client's advanatge
• Getting it wrong - when a PAD Application is not appropriate.
• Review of recent caselaw; Anglia Research Services Ltd v Finders Genealogists Ltd; AM Holdings Ltd v Henderson Global Investors Ltd