Ask a Law Question, Get an Answer ASAP!
Hello, this is Jim and welcome to JustAnswer.
Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.
You can apply to the court for an application for "pre-action disclosure", under CPR rule 31.16 (https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31#31.16). You will note from the rule that you can apply to the court before you sued the company - in order to save time and costs if disclosure of the documents means that litigation can be avoided. You would first need to send the company director(s) a letter to give them notice of your intentions, i.e. that you demand disclosure of the documents sought within 14 days, failing which you will apply for an application for pre action disclosure and if you do, you will seek your costs of the same. The court generally wants you to give a warning to the other party to try and avoid having to use the court - unless your application is very urgent in which case you could apply "ex parte" or without notice - however the court will very likely require a hearing (by telephone usually) so the court fee would be £275 payable to HMCTS which is recoverable if your application succeeds. You would need to apply using form N244 (https://www.gov.uk/government/publications/form-n244cc-application-notice) and say that you make an application for PAD under CPR rule 31.16 (and say why, with reference to the criteria under 31.16 above). You will need 3 copies of the N244 application, preferably with a witness statement and a draft order (see attached). It would be recommended that you use a law firm for this - we are not a law firm (we are an internet forum - we give information and guidance from a legal standpoint only). You can find a suitable law firm here, which specialises in commercial law : https://solicitors.lawsociety.org.uk
The commercial court would be the correct venue :
Commercial Court7 Rolls BuildingFetter LaneLondonEC4A 1NL
I hope this answers the question. If you have any follow up questions then please do let me know.
Just a final note that I am free most days and would be happy to assist with any other queries you may have.