- Pre-action discovery can be a useful tool for prospective litigants – but only if used correctly; otherwise, it can be a costly and futile attempt at a fishing expedition.
- If you’re considering commencing proceedings, but you aren’t sure whether a cause of action exists or, if it does, who it lies against, pre-action discovery can be an inexpensive option to enable you to obtain the information you need to make a decision as to whether to commence proceedings against a potential party or to identify a potential party.
- You can read the second part of our series on discovery and disclosure here.