Q&As

There are two joint bank account holders, but only one of them is a party to proceedings. Where the non-party does not agree to release bank statements for the purpose of disclosure, can the bank statements be disclosed in the proceedings with appropriate redactions? Or is there need for a third-party disclosure order?

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Published by a LexisNexis Dispute Resolution expert
Published on: 20 June 2019
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This Q&A considers proceedings which are not subject to the disclosure pilot under CPR PD 51U and where Standard disclosure has been ordered.

Disclosure

A party is only required to give disclosure of documents which are, or have been, within its control. CPR 31.8(2) sets out when a party is deemed to be in control:

‘(2) For this purpose a party has or has had a document in his control if—

(a) it is or was in his physical possession;

(b) he has or has had a right to possession of it; or

(c) he has or has had a right to inspect or take copies of it.’

The circumstances set out in CPR 31.8(2) in which a party will be said to be in control of

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Jurisdiction(s):
United Kingdom
Key definition:
Standard disclosure definition
What does Standard disclosure mean?

This is a legal term which sets out the normal scope of disclosure which requires a party to disclose documents which support or adversely affect its case and/or support or adversely affect another party's case.

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