Q&As

Can you obtain post-judgment disclosure? And, if so, can this extend to disclosure of documents in the possession of the judgment debtor’s solicitors?

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Published on LexisPSL on 04/01/2018

The following Dispute Resolution Q&A provides comprehensive and up to date legal information covering:

  • Can you obtain post-judgment disclosure? And, if so, can this extend to disclosure of documents in the possession of the judgment debtor’s solicitors?
  • CPR 71
  • Jurisdiction under the Senior Courts Act 1981 (SCA 1981)

In answering this Q&A we have limited our research to cover processes for obtaining post-judgment disclosure.

We assume this Q&A is referring to disclosure of documents in the possession of the judgment debtor’s solicitors.

In conducting our research we have focussed on any available post-judgment disclosure processes.

CPR 71

The normal method to obtain disclosure of information after judgment is through an information under CPR 71. The judgment creditor can apply for an order to ascertain the existence, nature, extent and location of a judgment debtor's assets and thereby establish the most appropriate method or methods of enforcement. This part can also be used where a party has the benefit of a judgment or order, other than for money, and requires further information to enforce that judgment or order. The application is normally made against the debtor rather than a third party such as a conveyancing solicitors.

Where documents are held by third parties they can often f

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