Source: All England Reporter
Publisher Citation: [2004] All ER (D) 115 (Oct)
Court: Commercial Court
Judge:

Moore-Bick J

Representation Stephen Smith QC and Robert Levy (instructed by Lovells) for the applicant.
  Martin Mann QC and Adrian Francis (instructed by Winston & Strawn London) for the interested party.
  Charles Joseph (instructed by DF Beckman) for the first defendant.
Judgment Dates: 11 October 2004

Catchwords

Practice and procedure - Disclosure - Documents - Application by non-party - Need to define with reasonable clarity document or class of document sought - Relevant criteria - CPR 5.4, SI 1998/3132.

The Case

A person making an application to inspect and copy the court file under CPR5.4(2), (which was redrafted and became CPR5.4(4) with effect from 1 October 2004) could not make an application generally to inspect or trawl the file, but had to define with reasonable clarity the documents or class of documents that he was looking for. Any class of document had to be such that the same factors would apply as to whether or not permission to inspect and copy should be granted.

Practice Areas

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