Non-party disclosure

by Practical Law Dispute Resolution

A practice note outlining how to obtain documents from a non-party to the proceedings. It focuses primarily on applications for non-party disclosure (sometimes referred to as third party disclosure) under Civil Procedure Rule (CPR) 31.17, exploring the key criteria that must be satisfied. It examines the tests for whether the documents of which disclosure is sought are likely to support the case of the applicant or adversely affect the case of one of the other parties to the proceedings, and whether disclosure is "necessary" to dispose of the claim fairly or save costs. It also addresses the court's discretion and the crucial balance between the applicant's needs and the burden placed on the non-party. The practice note also contrasts the CPR 31.17 procedure with the alternative method of issuing a witness summons under CPR 34.2, highlighting important distinctions in terms of scope and cost consequences. It also provides an overview of procedural requirements, the rules on costs, serving applications out of the jurisdiction, and other related court powers, such as Norwich Pharmacal and Bankers Trust orders. Disclosure in the B&PCs: CPR 31.17 continues to apply for cases subject to PD 57AD ("Disclosure in the Business and Property Courts"). For details of our content on the approach to disclosure under PD 57AD (and its predecessor, PD 51U), see Disclosure in the B&PCs: toolkit.