SAMPLE LETTER OF APPLICATION TO TRIBUNAL FOR VARIOUS ORDERS (INCLUDING DISCOVERY)

Sirs,

Claimant v Respondent

Please accept this letter as an application on behalf of [Claimant] [Respondent] for an order in the following terms:

• That the Tribunal determine as a preliminary issue in advance of all other issues the following issue: [whether on the proper construction of the agreement dated [date] between the parties the Tribunal has jurisdiction to determine the claim in paragraph [x] of the Claimant’s Brief] [whether the claims in paragraphs [x – z] were commenced within the appropriate limitation period] [what the proper law of the agreement dated [date] between the parties is]

• That the [Respondent] do state whether it has in its possession, custody or control the documents or classes of documents listed in the schedule to this application and, if so, to produce the same to the [Claimant] and provide copies on request or make out a valid reason for non-production.

• That the Respondent having failed to [serve its Memorial / give disclosure / offer for exchange its witness statements etc] in compliance with paragraph [x] of the procedural order for directions dated [date] the Respondent be ordered to do so no later than 4pm CET on [date] and that in default [set out sanction sought].

• That the parties do have permission to adduce expert evidence limited to one expert each on the question of [issue] and that the reports of the experts be served by 4pm CET on [date]; that the experts meet and confer to narrow the differences between them by [date] and that the experts produce a joint statement identifying those matters upon which they are able and not able to agree by 4pm CET on [date].