Pre-action disclosure/Norwich Pharmacal

This Overview sets out considerations for practitioners to consider prior to the commencement of proceedings in seeking the early disclosure of documents either as a pre-action disclosure application or under a Norwich Pharmacal route.

Prospective parties may:

1. •

   be required to give disclosure under the appropriate pre-action protocol, see Practice Note: The pre-action protocols and when they apply

2. •

   wish to apply to the court for an order for pre-action disclosure under CPR 31.16—see below

3. •

   wish to apply for a Norwich Pharmacal order—see below

The guidance within this topic also includes the following which may be relevant:

1. •

   Practice Notes:

   1. ◦

      Disclosure by a non-party—Rule 31.17—which looks at third party disclosure under CPR 31.17 and 31.18, ie obtaining disclosure of documents from a third party or non-party to the proceedings pre-action or post issue

   2. ◦

      Use of confidential information in civil proceedings—which considers confidential information including what it is, who it belongs to and how to protect it

   3. ◦

      Dispute resolution—data protection and GDPR considerations—which looks at the provisions of the General Data Protection Regulation, Regulation