Disclosure

Abbas v Shah [2014] EWHC 662 (QB), [2014] All ER (D) 202 (Mar); NLJ 28 March

The general rule relating to the sequence in which a defendant might seek disclosure from a claimant and serve a defence of truth, is that he has to serve a defence of truth (if he can) first and then he will be entitled to disclosure, which he related to the issues which he had pleaded. A defendant is not entitled to fish for a defence in a claimant’s papers. The same applies to applications for disclosure against non-parties.