Attheraces Ltd and another v Ladbrokes Betting & Gaming Ltd and others

Disclosure – Production of documents. The Chancery Division dismissed an application for pre-action disclosure, under s 33(2) of the Senior Courts Act 1981 and CPR 31.16. The court held that the applicants had failed to show that there was a real prospect of any of the three objectives in CPR 31.16(3)(d) being met. Accordingly, the application failed at the jurisdictional hurdle. The court considered that clarity and specificity in the documents sought by way of pre-action disclosure in CPR 31.16 applications was important, and that an application for pre-action disclosure should be crafted with great care and should be limited to what was strictly necessary.

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