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Webinar Presenting Applications to the Court: Part One Webinar (On-Demand)

Overview


This webinar will enable civil litigation lawyers to understand the fundamental skills required for the preparation and presentation of interim applications in relation to disclosure and inspection. The webinar will examine the purpose of, grounds, procedure, evidence required and the court’s powers in determining any such application.

We will consider when and how to make an interim application. This will include how to formulate and present an interim application and the supporting evidence required, as well as how to complete the N244 application, supporting witness evidence and draft orders and the cost orders that may be made.

The relevant Civil Procedure Rules, supplemental practice directions and case law guidance will be considered together with practical tips in how to pursue these applications.

It will include:

Pre-action disclosure inspection

  • Consequences of failure to comply with the pre-action protocols’ requirements for disclosure and the link with applications for pre-action disclosure
  • Issues relevant to the disclosure of documents before proceedings have commenced
  • Requirements, and the court’s approach, to applications for pre-action disclosure under CPR 31.16 and pre-action inspection under CPR 25.5
  • Case law guidance to improve likelihood of success

Specific disclosure and inspection

  • The differences between an interim application for disclosure and inspection before proceedings as compared to an application for specific disclosure and inspection after the commencement of proceedings
  • The ‘cards on the table’ approach and the requirements of standard disclosure and inspection
  • The limits to disclosure and inspection and in particular arguments around privilege
  • The procedure under Practice Direction 31A
  • Consequences of inadequate or incomplete disclosure and/or inspection and link with applications for specific disclosure
  • Consideration of Rule 31.12 of the CPR and the relevant practice direction
  • The orders available to the court
  • Using specific disclosure to search for documents outside normal standard disclosure requirements (‘fishing expeditions’)

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Available until: Wed 18 Dec 2019

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Fees


£37.50
Package Price
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£130.00
Non Member

(Excluding VAT)

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