28 March 2014
Abbas v Shah [2014] EWHC 662 (QB), [2014] All ER (D) 202 (Mar)
The general rule relating to the sequence in which a defendant might seek disclosure from a claimant and serve a defence of truth, was that he had to serve a defence of truth (if he could) first and then he would be entitled to disclosure which he related to the issues which he had pleaded. A defendant was not entitled to fish for a defence in a claimant’s papers. The same applied to applications for disclosure against non-parties.
