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 on LexisPSL on 20/06/2019

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

  • 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?
  • Disclosure
  • Redaction and confidentiality
  • Non-party disclosure

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?

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 documents are examples, and other circumstances may apply in which the court may find that a party has control (North Shore Ventures Ltd v Anstead Holdings Inc). It will depend on the circumstances of the case whether a party has (or has had) ‘control’ in relation to bank account statements.

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