How do CPR 31.16 (pre-action disclosure) and CPR 31.17 (disclosure against non-parties) differ?
A) For CPR 31.16 the documents sought must be those that would fall within the definition of standard disclosure, but this does not apply with orders under CPR 31.17 for disclosure against non-parties or someone who is not likely to be a party in the action.
B) In CPR 31.16 the applicant needs to show that the respondent is 'likely to be a party to the action', but for applications under CPR 31.17 this is not necessary.
C) Applications under CPR 31.16 may be made pre-action but applications under CPR 31.17 may not be.
D) In applications under CPR 31.16 the court will sometimes order the respondent to pay the costs of the application whereas in applications under CPR 31.17 the court will never order the non-party to pay the costs of the application
Correct Answer:
Verified
Q5: Which is not strictly a limiting factor?
The
Q6: Which of the following is not correct?
In
Q7: Which least accurately describes the aims of
Q8: Which is not correct?
A party has a
Q9: Which is correct?
Irrespective of the process of
Q10: Which is correct?
Any document that has been
Q11: Under CPR 31.13 the court may direct,
Q12: Which is the most accurate statement?
A) If
Q13: Which is correct?
An application for pre-action disclosure
Q15: Which of the following statutes may not
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