What is pre-action disclosure and when can I use it?

Pre-action disclosure under CPR r.31.16 allows you to request specific documents from a prospective defendant before issuing court proceedings. This helps you assess the merits of your claim or identify the correct defendant. It is commonly used in personal injury, clinical negligence, and professional negligence cases where key evidence is held by the other party.

Can I ask for all documents held by the other party?

No, you cannot use this process to request general disclosure of all documents. Applications must identify specific documents or categories with sufficient precision. Vague requests for 'all relevant documents' are unlikely to succeed. Additionally, you should not use this if proceedings have already been issued, as standard disclosure rules apply instead.

Do I need to go to court immediately to get these documents?

Before applying to the court, you must first write to the prospective defendant requesting voluntary disclosure. You should also comply with the relevant Pre-Action Protocol for your type of dispute. If the respondent does not provide the documents voluntarily within the agreed deadline, you may then make a formal application to the court under CPR r.31.16.

What conditions must be met for the court to grant pre-action disclosure?

The court may order pre-action disclosure if both parties are likely to be involved in subsequent proceedings, the documents would be disclosable if proceedings started, and disclosure is desirable to resolve the dispute fairly or assist in resolution. You must also explain why the disclosure is necessary to assess the merits of your potential claim.

Who pays for the costs of providing the documents?

Yes, it is standard practice to propose that the applicant will pay the respondent's reasonable costs of complying with the request. This cost should be agreed between the parties or assessed by the court if necessary. Including this proposal in your initial letter demonstrates good faith and helps avoid unnecessary disputes over expenses.

← All Templates

Legal Proceedings

Civil Litigation

Updated 2026-05-17

Request for Pre-Action Disclosure (CPR r.31.16)

Apply for pre-action disclosure of documents from a prospective defendant before proceedings are issued, to assess the merits of a claim.

This template was not drafted by a solicitor.

It is an editorial reference based on the official sources we cite. You are responsible for any document you send. For high-stakes matters (court proceedings, large sums, deportation, criminal allegations, child welfare), have a regulated solicitor review or draft your document.

When to use this template

Use this letter when you need to see specific documents held by a prospective party before deciding whether to issue proceedings, or to identify the correct defendant. It is commonly used in personal injury, clinical negligence, and professional negligence claims where documents are in the hands of the prospective defendant.

When NOT to use this template

Do not use as a fishing expedition to obtain general disclosure of all documents — applications must identify specific documents or categories. Do not use if proceedings have already been issued; use standard disclosure under CPR Part 31 instead. Court applications under CPR r.31.16 require the applicant to show that the respondent is likely to be a party to subsequent proceedings.

Legal Basis

CPR r.31.16 (disclosure before proceedings start). The court may order pre-action disclosure where both parties are likely to be parties to subsequent proceedings, where the respondent's duty of disclosure would extend to the documents if proceedings were started, and where pre-action disclosure is desirable to dispose of anticipated proceedings fairly or to assist in the resolution of the dispute.

Before you send

Failing to identify the documents sought with sufficient precision — vague requests for 'all relevant documents' are unlikely to succeed
Not explaining why pre-action disclosure is necessary to assess the merits of the potential claim
Omitting to propose that the applicant will pay the respondent's reasonable costs of compliance

Common Mistakes to Avoid

✗Failing to identify the documents sought with sufficient precision — vague requests for 'all relevant documents' are unlikely to succeed
✗Not explaining why pre-action disclosure is necessary to assess the merits of the potential claim
✗Omitting to propose that the applicant will pay the respondent's reasonable costs of compliance
✗Not complying with the Pre-Action Protocol relevant to the dispute type before making this application
✗Issuing a court application without first writing to request voluntary disclosure

Build Your Letter

Fill in your details

Complete the fields below. Required fields are marked with *.

Your full name / firm name*

Your address*

Your email address*

Date of letter*

Respondent's name*

Respondent's address*

Salutation*

Potential claimant's name*

Potential defendant's name*

Brief summary of the potential claim*

Background facts of the dispute*

Specific documents or categories sought*

Deadline for response*

Letter preview

[YOUR FULL NAME / FIRM NAME]
[YOUR ADDRESS]
[YOUR EMAIL ADDRESS]

[DATE OF LETTER]

[RESPONDENT'S NAME]
[RESPONDENT'S ADDRESS]

---

Dear [SALUTATION],

**REQUEST FOR PRE-ACTION DISCLOSURE — CPR r.31.16**

**Re: Potential Claim by [POTENTIAL CLAIMANT'S NAME] against [POTENTIAL DEFENDANT'S NAME]**

I am writing on behalf of [POTENTIAL CLAIMANT'S NAME] in connection with a potential claim arising from [BRIEF SUMMARY OF THE POTENTIAL CLAIM].

**Background**

[BACKGROUND FACTS OF THE DISPUTE]

**Documents Sought**

Pursuant to CPR r.31.16, I respectfully request voluntary disclosure of the following documents, which I believe are held by you and would be disclosable in any subsequent proceedings:

[SPECIFIC DOCUMENTS OR CATEGORIES SOUGHT]

**Basis for Request**

The documents identified above are necessary to enable my client to assess whether there is a viable cause of action against you and, if so, to quantify any potential claim. Pre-action disclosure of these documents is desirable in order to:

1. Dispose fairly of the anticipated proceedings;
2. Assist in the resolution of this dispute without litigation;
3. Save costs for both parties.

Both parties are likely to be parties to any subsequent proceedings. The documents sought would fall within standard disclosure under CPR r.31.6 if proceedings were issued.

**Costs**

My client is prepared to pay your reasonable costs of complying with this request, to be agreed or assessed by the court if necessary.

**Your Response**

I invite you to provide voluntary disclosure of the documents listed above within **[DEADLINE FOR RESPONSE]** (21 days from the date of this letter). If voluntary disclosure is not provided within that period, my client will have no alternative but to make a formal application to the court under CPR r.31.16 and will seek its costs of doing so.

Please confirm whether you are willing to comply with this request.

Yours faithfully,

[YOUR FULL NAME / FIRM NAME]

Unfilled fields appear as [FIELD NAME]. Review the letter carefully before sending. This template is a starting point — adapt it to your specific circumstances.

Related Guides

Official Resources

CPR r.31.16 — Disclosure before proceedings start →Pre-Action Protocols — Justice.gov.uk →

Frequently asked questions

What is pre-action disclosure and when can I use it?: Pre-action disclosure under CPR r.31.16 allows you to request specific documents from a prospective defendant before issuing court proceedings. This helps you assess the merits of your claim or identify the correct defendant. It is commonly used in personal injury, clinical negligence, and professional negligence cases where key evidence is held by the other party.
Can I ask for all documents held by the other party?: No, you cannot use this process to request general disclosure of all documents. Applications must identify specific documents or categories with sufficient precision. Vague requests for 'all relevant documents' are unlikely to succeed. Additionally, you should not use this if proceedings have already been issued, as standard disclosure rules apply instead.
Do I need to go to court immediately to get these documents?: Before applying to the court, you must first write to the prospective defendant requesting voluntary disclosure. You should also comply with the relevant Pre-Action Protocol for your type of dispute. If the respondent does not provide the documents voluntarily within the agreed deadline, you may then make a formal application to the court under CPR r.31.16.
What conditions must be met for the court to grant pre-action disclosure?: The court may order pre-action disclosure if both parties are likely to be involved in subsequent proceedings, the documents would be disclosable if proceedings started, and disclosure is desirable to resolve the dispute fairly or assist in resolution. You must also explain why the disclosure is necessary to assess the merits of your potential claim.
Who pays for the costs of providing the documents?: Yes, it is standard practice to propose that the applicant will pay the respondent's reasonable costs of complying with the request. This cost should be agreed between the parties or assessed by the court if necessary. Including this proposal in your initial letter demonstrates good faith and helps avoid unnecessary disputes over expenses.