The following Dispute Resolution practice note provides comprehensive and up to date legal information covering:
This Practice Note looks at third party disclosure under CPR 31.17 and CPR 31.18 ie obtaining disclosure of documents from a non-party to the proceedings.
Note: you should also consider if the proceedings are subject to the disclosure pilot in the Business and Property Courts. For further guidance, see Practice Note: Business and Property Courts—the disclosure pilot scheme.
There may be instances when you know or suspect that a person or entity that is not a party to proceedings (a 'non-party' or 'third party') has documents in its possession that may be relevant to your client's case.
There are a number of ways in which you can seek to obtain any such documents. The procedure largely depends upon whether proceedings have started or not:
pre-action: CPR 31.18 carves out the court's power to order pre-action disclosure against a non-party—which would otherwise be excluded under CPR 31.16 and/or CPR 31.17. The method by which you can seek pre-action disclosure also depends on the status of the intended respondent. For further guidance on potential options, see Practice Notes:
Pre-action disclosure—requirements and the courts' approach and Pre-action disclosure—the application
Norwich Pharmacal orders (NPOs) and Norwich Pharmacal order—procedure for application. Note, however, NPOs require the respondent to be 'someone who has facilitated or become mixed up, innocently or otherwise, in wrongdoing of which the
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This Practice Note covers the legal framework and regulatory guidance to be considered in determining whether an arrangement constitutes a contract of insurance and the possible consequences of carrying on activities relating to a contract of insurance without the requisite regulatory permissionsThe
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