The following PI & Clinical Negligence Q&A provides comprehensive and up to date legal information covering:
Consideration will need to be given to both the Civil Procedure Rules 1998 and the Crown Prosecution Service (CPS) guidance on disclosure of information to ascertain whether disclosure is possible.
A good starting point is our Practice Note: Disclosure by a non-party—Rule 31.17 from our Personal Injury module, which looks at obtaining disclosure of documents from a non-party to the proceedings; how to apply for such disclosure, the courts’ approach to such applications and the costs of seeking the application. The costs of complying with a third party disclosure order are also explained.
Orders for disclosure against a person not a party to civil proceedings are covered by Rule 31 of the Civil Procedure Rules 1998. An application under this rule must be supported by evidence. Under CPR 31.17(3) the court may make an order on this basis only where:
the documents of which disclosure is sought are likely to support
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