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.