Rule 31.16 Disclosure before proceedings startI1

England and Wales

(1)

This rule applies where an application is made to the court under any Act for disclosure before proceedings have started^f1.

(2)

The application must be supported by evidence.

(3)

The court may make an order under this rule only where—

(a)

the respondent is likely to be a party to subsequent proceedings;

(b)

the applicant is also likely to be a party to those proceedings;

(c)

if proceedings had started, the respondent’s duty by way of standard disclosure, set out in rule 31.6, would extend to the documents or classes of documents of which the applicant seeks disclosure; and

(d)

disclosure before proceedings have started is desirable in order to—

(i)

dispose fairly of the anticipated proceedings;

(ii)

assist the dispute to be resolved without proceedings; or

(iii)

save costs.

(4)

An order under this rule must—

(a)

specify the documents or the classes of documents which the respondent must disclose; and

(b)

require F1them, when making disclosure, to specify any of those documents—

(i)

which are no longer in F2their control; or

(ii)

in respect of which F3they claim a right or duty to withhold inspection.

(5)

Such an order may—

(a)

require the respondent to indicate what has happened to any documents which are no longer in F4their control; and

(b)

specify the time and place for disclosure and inspection.

F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations

Textual amendments

F1: Word in rule 31.16(4)(b) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(10)(a)(i)
F2: Word in rule 31.16(4)(b)(i) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(10)(a)(ii)
F3: Words in rule 31.16(4)(b)(ii) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(10)(a)(iii)
F4: Word in rule 31.16(5) substituted (1.10.2026) by The Civil Procedure (Amendment No. 2) Rules 2026 (S.I. 2026/817), rules 1(3), 10(10)(b)
F5: Words in rule 31.16 omitted (31.12.2020) by virtue of The Civil Procedure Rules 1998 (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/521), regs. 1(1), 10(4) (with reg. 22) (as amended by S.I. 2020/1493, regs. 1(1), 9(2)(e); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Rule 31.16 in force at 26.4.1999, see Signature

Footnotes

f1: An application for disclosure before proceedings have started is permitted under section 33 of the Supreme Court Act 1981(c. 54) or section 52 of the County Courts Act 1984 (c. 28).

Notes on Part 31

Textual amendments

F1: Words in Pt. 31 Table of Contents inserted (6.4.2026) by The Civil Procedure (Amendment) Rules 2026 (S.I. 2026/97), rules 1(2)(a), 4(1)
F2: Words in Pt. 31 Table of Contents inserted (1.10.2010) by The Civil Procedure (Amendment No.2) Rules 2010 (S.I. 2010/1953), rules 1(2), 4(a)

Modifications

C1: Pt. 31 applied (with modifications) (5.4.2010) by The Criminal Procedure Rules 2010 (S.I. 2010/60), Preamble, rule 61.9 (with rule 2)
C2: Pt. 31 applied (with modifications) (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 230, 251 (with rule 5)
C3: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 55(12) (with rule 5)
C4: Pt. 31 excluded (30.6.2011) by The Investment Bank Special Administration (England and Wales) Rules 2011 (S.I. 2011/1301), rules 2, 60(11) (with rule 5)
C5: Pt. 31 modified (3.10.2011) by The Criminal Procedure Rules 2011 (S.I. 2011/1709), Preamble, rule 61.9
C6: Pt. 31 modified (1.10.2012) by The Criminal Procedure Rules 2012 (S.I. 2012/1726), rule 61.9(3)
C7: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 17(10) (with rules 3, 208)
C8: Pt. 31 excluded (7.6.2013) by The Energy Supply Company Administration Rules 2013 (S.I. 2013/1046), rules 1, 21(10) (with rules 3, 208)
C9: Pt. 31 modified (7.10.2013) by The Criminal Procedure Rules 2013 (S.I. 2013/1554), rule 61.9(3) (with rule 2.1)
C10: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 21(10) (with rules 3, 210)
C11: Pt. 31 excluded (31.1.2014) by The Postal Administration Rules 2013 (S.I. 2013/3208), rules 1, 17(10) (with rules 3, 210)
C12: Pt. 31 modified (6.10.2014) by The Criminal Procedure Rules 2014 (S.I. 2014/1610), rule 61.9(3) (with rule 2.1)
C13: Pt. 31 modified (5.10.2015) by The Criminal Procedure Rules 2015 (S.I. 2015/1490), rule 33.40(3)
C14: Pt. 31 excluded (5.7.2018) by The Housing Administration (England and Wales) Rules 2018 (S.I. 2018/719), rules 1.1, 3.34(1) (with rule 1.2)
C15: Pt. 31 excluded (31.1.2019) by The Education Administration Rules 2018 (S.I. 2018/1135), rules 1, 3.34(1) (with rule 1.2)
C16: Pt. 31 excluded (1.8.2020) by The Smart Meter Communication Licensee Administration (England and Wales) Rules 2020 (S.I. 2020/629), rules 1, 18(11), 24(11) (with rule 4(1))
C17: Pt. 31 modified (5.10.2020) by The Criminal Procedure Rules 2020 (S.I. 2020/759), rule 33.40(3)
C18: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 27(10)
C19: Pt. 31 applied (with modifications) (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 187, 192, 213
C20: Pt. 31 excluded (12.11.2021) by The Payment and Electronic Money Institution Insolvency (England and Wales) Rules 2021 (S.I. 2021/1178), rules 2, 22(11)
C21: Pt. 31 excluded (18.7.2023) by The Relevant Licensee Nuclear Company Administration (England and Wales) Rules 2023 (S.I. 2023/712), rules 1(2)(a), 18(12), 24(11) (with rule 2)
C22: Pt. 31 modified (6.10.2025) by The Criminal Procedure Rules 2025 (S.I. 2025/909), rule 33.38(3)
C23: Pt. 31 excluded (19.11.2025) by The Carbon Dioxide Transport and Storage (Licensed Operators) Administration (England and Wales) Rules 2025 (S.I. 2025/1135), rules 1(2)(a), 18(12), 24(11) (with rule 2(1))