Many thanks to everyone who attended our recent webinar, “Pre Action-Disclosure Applications” by Alvaro Loxton. We hope you found the talk useful and informative.
Alvaro Loxton delivered a webinar on pre-action disclosure applications, covering the underlying rules and legislation, how courts approach these applications, and costs associated with them. He explained that pre-action disclosure applications are governed by CPR 31.6 and 31.16, with jurisdiction coming from the Senior Courts Act or County Courts Act. Alvaro outlined the two-stage test courts use to evaluate these applications: a jurisdictional stage focusing on parties likely to be involved and whether documents fall within standard disclosure, and a discretionary stage considering factors like whether disclosure would help resolve the dispute fairly and save costs.
He emphasised that successful applications require a balance of probabilities that documents would be part of standard disclosure and that the case is arguable with realistic prospects of success. Alvaro also noted that while the general rule is that the applicant pays the respondent’s costs, courts may depart from this if the application is reasonable and not opposed.
If you would like to review the webinar again, you can find the slides here (please email Chelsey Stuart if you would like to reuse the slides for your own purposes).
Alvaro Loxton accepts instructions in Family and Civil Law matters. He is regularly instructed in matrimonial finance, private children, cohabitation disputes (including TLATA), employment disputes, and commercial litigation, especially debt recovery, credit hire, consumer credit matters, and corporate insolvency and restructuring.
Alvaro maintains a growing advisory and paperwork practice. He is instructed to advise on case strategy and complex points of law, and to draft pleadings, schedules, and statements of case across his areas of expertise.
Prior to taking tenancy at Pump Court, Alvaro represented lay and professional clients in the County Court as an Advocate across a broad range of civil matters, including landlord and tenant repossessions and small-claims trials. He also served for two years as a Crown Court Clerk on the Western Circuit, working closely with the judiciary on a number of high-profile cases, including the trial of the Colston Four.
Alongside his court work, Alvaro regularly writes for the Chambers’ blog and for Family Law Week, commenting on recent decisions of the Court of Appeal and High Court. Further details can be found in the Publications section below.
Areas of Practice
Family
• Matrimonial Finance
• Cohabitation Disputes (including TLATA)
• Children Law (Private & Public)
• Family Law Act Applications
Civil
• Employment
• Property
• Personal Injury
• Breach of Contract
• Debt Recovery, Credit Hire, & Consumer Credit Act 1974 / PPI
• Corporate Insolvency & Restructuring
