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Which Is the Most Accurate Statement

Question 12

Multiple Choice

Which is the most accurate statement?


A) If it is appropriate to do so, an application for pre-action disclosure may be one of the few occasions when it would be possible to apply to the court for an order to enforce compliance with some of the protocol practice.
B) An application for pre-action disclosure can only be made if the document (or documents) sought are listed as documents that should be made available in the protocol phase.
C) An application for pre-action disclosure should always be made if you think your opponent has documents that would strengthen your case and would facilitate pre-action settlement.
D) Pre-action disclosure applications should only be made if it can be shown that such an order would dispose fairly of the anticipated proceedings, or save costs or help resolve the action without proceedings.

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