Part III E+W Procedure

Discovery and related proceduresE+W

53 Power of court to order disclosure of documents, inspection of property etc. in proceedings for personal injuries or death.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)On the application, in accordance with [F2rules of court], of a party to any proceedings F3. . ., a county court shall, in such circumstances as may be prescribed, have power to order a person who is not a party to the proceedings and who appears to the court to be likely to have in his possession, custody or power any documents which are relevant to an issue arising out of the said claim—

(a)to disclose whether those documents are in his possession, custody or power; and

(b)to produce such of those documents as are in his possession, custody or power to the applicant or, on such conditions as may be specified in the order,—

(i)to the applicant’s legal advisers; or

(ii)to the applicant’s legal advisers and any medical or other professional adviser of the applicant; or

(iii)if the applicant has no legal adviser, to any medical or other professional adviser of the applicant.

(3)On the application, in accordance with [F2rules of court], of a party to any proceedings F3. . ., a county court shall, in such circumstances as may be prescribed, have power to make an order providing for any one or more of the following matters, that is to say—

(a)the inspection, photographing, preservation, custody and detention of property which is not the propery of, or in the possession of, any party to the proceedings but which is the subject-matter of the proceedings or as to which any question arises in the proceedings;

(b)the taking of samples of any such property as is mentioned in paragraph (a) and the carrying out of any experiment on or with any such property.

(4)The preceding provisions of this section are without prejudice to the exercise by a county court of any power to make orders which is exercisable apart from those provisions.

[F4(5)This section is subject to any provision made under section 38,]

Textual Amendments

F2Words in s. 53(2)(3) substituted (27.4.1997) by 1997 c. 12, s. 10, Sch. 2 para. 2(2); S.I. 1997/841, art. 3.

F3Words in s. 53(2)(3) omitted (26.4.1999) by S.I. 1998/2940, arts. 1, 6(c)(ii); S.I. 1998/3132