Description
Strength of Claim Did Not Weigh Into Decision on Pre-Action Disclosure
Blair J. held that although there would be cases where the Court would conclude that there was no claim at all, let alone a claim with reasonable prospects of success, the present case was significantly complex that there were good reasons for the Court to avoid being drawn into expressing views about the merits of the claim, even to the extent of saying that it was a weak claim. At the pre-action stage the parties may not have thought through or seen all of the implications of the issues. Nevertheless, the Application failed because the requirements in CPR 31.16 had not been met.