This site uses cookies.

PI Brief Update

Editorial: Pre-Action Disclosure of Financial Documents in Credit Hire Cases - Aidan Ellis, Temple Garden Chambers

30/11/18. As long ago as 2004, in the course of carving out the impecuniosity exception in Lagden v O’Connor, Lord Nicholls expressed the hope that the parties “should be able to agree on standard enquiries, or some other means, which in practice can most readily give effect to the test of impecuniosity”. In practice, whilst most Courts now have a standard Order reflecting the disclosure required in credit hire cases, it has proved less easy to agree standard enquiries in relation to pre-action disclosure particularly regarding personal financial information.

In EUI Ltd v Charles and others (HHJ Harrison, 21 September 2018), the Applicant Insurer sought pre-action disclosure in relation to the potential Claimant’s financial documents in seven test cases. The Respondent countered that the disclosure sought was intrusive and premature. The Court concluded that...

Image ©iStockphoto.com/

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.

Privacy Policy                 Legal Resources

© Copyright Law Brief Publishing Ltd, all rights reserved.
Published by Law Brief Publishing Ltd, company number 05966609, registered in the UK. Registered office address: 30 The Parks, Minehead, Somerset, TA24 8BT.

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.