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Impecuniosity documents: when should they be disclosed? Allianz Insurance PLC -v- Jonathan Holt (3rd December 2021) - Rochelle Powell, Temple Garden Chambers

23/03/22. The applicant in the case, Allianz Insurance plc, was the prospective defendant in a claim for losses which included the cost of a hire car. The application sought pre-action disclosure of the prospective claimant’s impecuniosity documents, namely:

(i) Statements in respect of all bank, credit card and savings accounts covering the period of hire and 3 months before; and,

(ii) Wage slips or other proof of income covering the period of hire and 3 months before.

This was one of a number of applications issued by the applicants: all related to respondents who had hired vehicles from Auxillis Services Limited, who had in turn instructed Principia Law Limited as solicitors. To resolve the generic issues raised in those applications, the instant case was selected as the lead case.

The applicant’s argued that the prompt identification of impecuniosity as an issue and the consequent disclosure of the sort of documents sought was...

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