Professional Negligence Pre-Action Protocols
Step Six - Documents
This professional negligence protocol is intended to encourage the early exchange of relevant information, so that issues in dispute can be clarified or resolved. You should provide key documents with the Letter of Claim and (at any time) any other documents reasonably requested by the professional which are relevant to the issues in dispute. The professional should provide key documents not provided by you, with the Letter of Response and (at any time) any other documents reasonably requested by yourself which are relevant to the issues in dispute.
Parties are encouraged to cooperate openly in the exchange of relevant information and documentation. However, the protocol should not be used to justify a ‘fishing expedition’ by either party. No party is obliged under the protocol to disclose any document which a court could not order them to disclose in the pre-action period under CPR 31.16.
This protocol does not alter the parties' duties to disclose documents under any professional regulation or under general law.
See here for Step Seven - Experts