Disclosure by a non-party—Rule 31.17
Disclosure by a non-party—Rule 31.17

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Disclosure by a non-party—Rule 31.17
  • How to obtain documents from third parties
  • How to apply for a non-party disclosure order
  • Courts' approach to non-party disclosure applications
  • Costs of application and complying with the non-party disclosure order
  • Disclosing a non-party's documents
  • Collateral or subsequent use of documents disclosed by a non-party
  • Confidential information
  • Where the non-party is a party's solicitor
  • How to apply to search for a party's professional advisers' documents
    • more

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.

How to obtain documents from third parties

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:

  1. •

    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:

    1. ◦

      Pre-action disclosure—requirements and the courts' approach and Pre-action disclosure—the application

    2. ◦

      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

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