- Disclosure Pilot—High Court rejects application for disclosure of document ‘mentioned’ in a witness statement (Mobile Telecommunications Company KSC v HRH Price Hussam Bin Saud Bin Abdulaziz Al Saud)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This was an application for disclosure of documents under CPR PD 51U, para 21.1(2), which is similar to CPR 31.14. The issues which the court had to address were—(i) whether allusion to a document in a witness statement justified disclosure of that document, and (ii) whether following the amendment of the witness statement to delete all reference to the document, the court retained and ought to exercise jurisdiction to order the disclosure of the document. The judge granted permission to amend the witness statement, and decided that where there was no longer any mention of the document, an order for disclosure should not be made. Written by David Fisher, barrister, at New Square Chambers.
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