Inspection, Experiments and Samples of Property before Court Litigation

In UK based litigation, parties intending to commence proceedings may apply for court orders to inspect documents and property prior to commencement of the litigation. Section 52 of the Senior Courts Act 1981 gives jurisdiction to English Courts to make orders for inspection of property prior to issuing a claim form. This section of the Act sits alongside two powers for the court to grant disclosure of documents and information.

In the event that a potential litigant wishes to inspect property from a person who is not intended to be a defendant in the intended litigation, they are left with the jurisdiction granted by section 51 of the Act.

Applications for disclosure of property must show, preferably by reference to draft particulars of claim, how the property may become relevant to subsequent proceedings and the issues that will arise in that subsequent litigation. This jurisdiction is not frequently used as other options are available for the preservation of documents, primarily on applications for freezing orders and search orders.

In the case of documents, whether or not a written document is disclosable depends upon whether the party intends to rely on the writing appearing on the object or whether the relevant issue arose from the physical object itself. Accordingly, documents may be made the subject of an order in some circumstances, but will generally be excluded.

This leaves the claimant wishing to preserve property to consider applications for search orders, Susman Orders (orders to copy and deliver documents without notice to the defendant), freezing orders and applications for delivery up of goods under the Torts (Interference with Goods) Act.