An order for pre-action disclosure under CPR 31.16.3(d) requires, among other things, proceedings to be anticipated. This means that there must be a real prospect, if not a certainty or likelihood, of proceedings between the parties. It cannot be the case that simply because there are issues between commercial parties, and there is a possibility that at some time in the future there might be litigation between them, CPR 31.16 is engaged (PHD Modular Access Services Ltd v Seele GmbH).