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I agree with Anon@17:47 below - where there are documents that ought to be disclosed under standard disclosure and are not, provided the claimant (or defendant, for that matter) complies with protocol time limits and gives reasonable notice of intention, the application is likely to succeed and the applicant can expect to recover costs for breach of protocol - the wise defendant would seek to limit costs by dealing with the application by consent. The application in this case (reported here: is quite clearly ill conceived and ought not to have been issued. It is hardly a useful comment on pre-action disclosure applications generally.

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