Disclosure by a non-party—Rule 31.17

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes

Disclosure by a non-party—Rule 31.17

Copyright © 2025 LexisNexis

Published by a LexisNexis Dispute Resolution expert

Practice notes

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This Practice Note looks at third party Disclosure under CPR 31.17 and CPR 31.18, ie obtaining disclosure of documents from a third party or non-party to the proceedings.

You should also consider if the proceedings are subject to the disclosure scheme operating in the Business and Property Courts. For guidance, see: Practice Note: Disclosure Scheme (Business & Property Courts)—overview.

How to obtain documents from third parties

There may be instances when you know or suspect that a person or entity that is not or will not become a party to proceedings (a '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 on whether proceedings have been started or not:

•
pre-action: CPR 31.18 preserves the court's power to order pre-action disclosure which would not satisfy the test under CPR 31.17. The method by which you can seek pre-action disclosure also depends on the status of the intended respondent. A Norwich Pharmacal order

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Jurisdiction(s):

United Kingdom

Key definition:

Disclosure definition

What does Disclosure mean?

Disclosure of a document occurs by a party stating that it exists or has existed.

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