Pre-action disclosure

SES Contracting Ltd and others v UK Coal plc and others [2007] EWCA Civ 791

The claimant made a successful application for pre-action disclosure against the first named defendant under CPR rule 31.16. The application has been opposed and the judge ordered the first named defendant to pay the costs of the application, but not the costs of complying with the order. The first defendant appealed on the grounds that the judge had gone further than the circumstances of the case could possibly justify in ordering it to pay the costs of the application and that a respondent to an application for pre-action disclosure was entitled to require the applicant to justify his claim by resisting the application without being at risk as to costs.