The plaintiff brought a motion in writing (a 'Wagg motion') for the production of police records from the London Police Service.
The motion was previously adjourned to allow the police service to respond.
The plaintiff submitted an amended draft order incorporating the police service's usual requested limitations, but failed to file formal consents or notices of non-opposition from the defendant or the police service.
The court held that the material filed was insufficient to allow the motion to proceed in writing under Rule 37.12.1(1) and required the plaintiff to file the necessary consents or notices before the matter could be dealt with.