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Recommendation 75: The HCO should be amended to broaden the jurisdiction
of the court under section 41 to order disclosure before commencement of
proceedings to encompass all types of cases (and not merely cases involving
personal injury and death claims).
Such jurisdiction should be exercisable where it is
shown by the applicant that he and the respondent are both likely to be parties to
the anticipated proceedings and that disclosure before the proceedings have
been started is necessary to dispose fairly of the anticipated proceedings or to
save costs.
Orders for pre-action disclosure should relate to
disclosure and inspection of specific documents or classes of documents which
are "directly relevant" to the issues in the anticipated proceedings, being
documents which would be likely to be relied on by the parties themselves or
documents directly affecting adversely or directly supporting any party's case in
the anticipated proceedings, the procedure for such applications being that
prescribed by O 24 r 7A, subject to any necessary modifications.
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