Rule 62 Disclosure before proceedings start

(1)

This rule applies where an application is made to the Tribunal for disclosure before proceedings have started.

(2)

The application shall be supported by evidence.

(3)

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

(a)

the respondent, or an associated body corporate (as defined in section 256 of the Companies Act 2006 M1), is likely to be a party to subsequent proceedings;

(b)

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

(c)

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; and

(d)

the Tribunal would, if proceedings had started, have ordered disclosure under rule 60.

(4)

An order under this rule shall—

(a)

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

(b)

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

(i)

which are no longer in its control; or

(ii)

in respect of which it claims a right or duty to withhold disclosure.

(5)

Such an order may—

(a)

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

(b)

specify the time and place for disclosure.

Annotations

Marginal citations

M1: 2006 c.46.