Shipley and anor v Spitfire Capital Ltd [2023]

Appeared for the successful applicant, Senior Master Fontaine set aside an order for pre-action disclosure, after considering how to apply the jurisdictional requirements in CPR r.31.16 where the prospective claimants had not yet particularised their claim.  The court held that the jurisdictional requirements of the rule were not met, and if that was wrong it would not be appropriate to exercise the court’s discretion in favour of the prospective claimants.