PART 31DISCLOSURE AND INSPECTION OF DOCUMENTS
Orders for disclosure against a person not a partyI131.17
1
This rule applies where an application is made to the court under any Act for disclosure by a person who is not a party to the proceedings38.
2
The application must be supported by evidence.
3
The court may make an order under this rule only where—
a
the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings; and
b
disclosure is necessary in order to dispose fairly of the claim or to save costs.
4
An order under this rule must—
a
specify the documents or the classes of documents which the respondent must disclose; and
b
require the respondent, when making disclosure, to specify any of those documents—
i
which are no longer in his control; or
ii
in respect of which he claims a right or duty to withhold inspection.
5
Such an order may—
a
require the respondent to indicate what has happened to any documents which are no longer in his control; and
b
specify the time and place for disclosure and inspection.