Procedure for each type of application
Specific disclosure • Apply by application notice (AN), supported by
evidence
• AN MUST specify the order that the applicant intends
to ask the court to make and terms of that order
• Grounds of the application should be contained in the
AN
o If not then à in the written evidence filed in
support of the application
When should an application be made?
• At ANY stage of proceedings (even at trial itself) –
• typically at a CMC (for multi-track/commercial court cases)
or PTR or with directions questionnaires.
• For QBD à dealt w/ in separate application in accordance
w/ Pt23
• Fast track à usually track allocation/filing of
questionnaires
• The usual rule for interim applications applies: as soon as
it becomes apparent that it is necessary or desirable
• The lateness of an application may undermine the party’s
claim that the documents are necessary for the
proceedings.
Non-party disclosure • Make application by an application notice
• Supported by a witness statement
• Usual 3 clear day notice provision applies
Pre-action disclosure • Applications MUST be supported by written evidence
• Costs usually borne by the applicant
• ALTHOUGH, if the court took the view that the respondent
forced an application unnecessarily, it may award costs to
the applicant
Norwich Pharmacal Order Usually
- issue a (Part 8) claim form against the facilitator
- and make interim application
NB: Can apply without notice if urgent
• The appropriate procedure will depend on the circs
• If application is sought BEFORE the issue of substantive
proceedings againat the wrongdoer have been started à
procedure in CPR Pt 8 followed
o A Pt 8/Pt 7 (depending on the case) will be
required
• If application is sought AFTER the substantive
proceedings, procedure in CPR Pt 23 is followed
Pt 8 • Complete CF and file CF + evidence in
court
• Prepare W/S in support and draft order
• Serve CF and evidence on D
• Court will give direction for disposal/fix
hearing date
• D must file and serve A/S and any written
evidence within 14 days of service
• C can file and serve evidence in reply
Specific disclosure • Apply by application notice (AN), supported by
evidence
• AN MUST specify the order that the applicant intends
to ask the court to make and terms of that order
• Grounds of the application should be contained in the
AN
o If not then à in the written evidence filed in
support of the application
When should an application be made?
• At ANY stage of proceedings (even at trial itself) –
• typically at a CMC (for multi-track/commercial court cases)
or PTR or with directions questionnaires.
• For QBD à dealt w/ in separate application in accordance
w/ Pt23
• Fast track à usually track allocation/filing of
questionnaires
• The usual rule for interim applications applies: as soon as
it becomes apparent that it is necessary or desirable
• The lateness of an application may undermine the party’s
claim that the documents are necessary for the
proceedings.
Non-party disclosure • Make application by an application notice
• Supported by a witness statement
• Usual 3 clear day notice provision applies
Pre-action disclosure • Applications MUST be supported by written evidence
• Costs usually borne by the applicant
• ALTHOUGH, if the court took the view that the respondent
forced an application unnecessarily, it may award costs to
the applicant
Norwich Pharmacal Order Usually
- issue a (Part 8) claim form against the facilitator
- and make interim application
NB: Can apply without notice if urgent
• The appropriate procedure will depend on the circs
• If application is sought BEFORE the issue of substantive
proceedings againat the wrongdoer have been started à
procedure in CPR Pt 8 followed
o A Pt 8/Pt 7 (depending on the case) will be
required
• If application is sought AFTER the substantive
proceedings, procedure in CPR Pt 23 is followed
Pt 8 • Complete CF and file CF + evidence in
court
• Prepare W/S in support and draft order
• Serve CF and evidence on D
• Court will give direction for disposal/fix
hearing date
• D must file and serve A/S and any written
evidence within 14 days of service
• C can file and serve evidence in reply
