Non-Party Disclosure of Documents

In Re Howglen Limited (Ch D WLR 21 April)

On an application for an order that a non-party disclose all documents within a particular class, the court must be satisfied that every document falling within that class satisfied the requirements of CPR rule 31.17. The court could only make such an order where the documents sought were likely to support the case of the applicant or adversely affect the case of another party to the proceedings and where disclosure was necessary in order to dispose fairly of the claim and to save costs. It was not appropriate to leave the non-party with the duty of making up its mind whether or not all the documents within the class ordered were documents which satisfied the requirements of rule 31.17. In addition the court had also to be satisfied that the documents did in fact exist.