05 March 2009
Anglo Irish Bank Corp plc v West LB AG [2009] EWHC 207 (Comm), [2009] All ER (D) 135 (Feb)
The fourth condition in CPR Pt 31.16(3) (pre-action disclosure) combines a jurisdictional element and a discretionary element, although these elements may be considered together. The discretion is unconfined, depending on the facts of the case, but the important considerations include the nature of the loss complained of, the clarity and identification of the issues raised by the complaint, the nature of the documents requested, the relevance of any protocol or pre-action inquiries, and the opportunity which the complainant has to make his case without pre-action disclosure.
