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The need to be specific when making an application for non-party disclosure

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In the case of WH Holding Ltd and others v E20 Stadium LLP [2018] EWHC 2971 (Ch) (5 November 2018) the High Court had cause to consider the application of Civil Procedure Rule 31.17 and the principles relevant when the Court decided whether to order a non party to litigation to give disclosure.

The key aspect of the Judgment focused on the need for any application for non party disclosure to be specific and targeted. The Court stressed that applicants should avoid drafting disclosure requests too widely and if an application was focused on a specific document then the prospect of securing an order for disclosure would be significantly improved.

In this case, the Court considered the relationship between the defendant in the litigation and the non party was of particular relevance. The non party had acted as agent for the defendant and it had generated a number of relevant documents to the main litigation of which the defendant was not necessarily in possession. Therefore, the documents in the possession of the non party were likely to be relevant and material to the case between the claimant and the defendant.

For advice relating to this case, you can contact Torion Bowles on 023 8071 7455 or email torionbowles@warnergoodman.co.uk.