Peel Port Shareholder Finance Company Ltd v Dornoch Ltd

Disclosure – Pre-action disclosure. The Technology and Construction Court dismissed the applicant company's application for pre-action disclosure, under CPR 31,16. The applicant sought disclosure, from an insurer, of the full insurance policy in relation to a company, against which, the applicant sought to claim for damage to its warehouse, which had been caused by a fire. The court held that Sch 1 to the Third Parties (Rights against Insurers) Act 2010 demonstrated that Parliament could not have envisaged that CPR 31.16 would or would commonly be used to obtain insurance policies from the insurers of insolvent insureds, and that the circumstances of the present case were not sufficiently exceptional for the court to order disclosure of a solvent insured's insurance policy, contrary to established practice.

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