The importance of timing and understanding the court rules in litigation. Our Litigation Lawyers discuss.

The Court process can be very technical. There are numerous rules and tests. Understanding what can and cannot be done is vitally important not only so that you have the best chance of success but also so that you do not waste costs. This was demonstrated markedly in a recent court decision Personal Management Solutions Ltd and another v Gee 7 Group Ltd and another.

In this case the claiming party spent costs making an application for pre-action disclosure before the commencement of proceedings.  This is a special application that can be made to the court before proceedings start to see information that your opponent may have, which if disclosed might help (for example) to resolve matters without the need for a claim.

Before the application was heard by the court, the claiming party issued proceedings.  This was fatal to the application because, of course, there was an “action” and hence the application could not be said to be “pre-action”.

The court considered the point and found that although the application had been issued (but not heard) before the start of proceedings, because proceedings had subsequently been commenced, the court had no jurisdiction to hear the application because the “pre-action” test could not be met.  The application was dismissed and this decision was upheld on appeal.

Avoid falling foul of the rules.  Put your claim in the hands of specialist litigators with years of experience.  If you have a claim you wish to discuss please do contact our Dispute Resolution Solicitors for a free, no obligation initial telephone call.