PART 31DISCLOSURE AND INSPECTION OF DOCUMENTS

Orders for disclosure against a person not a party31.17

(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.

F1(Rule 78.26 contains rules in relation to the disclosure and inspection of evidence arising out of mediation of certain cross-border disputes.)