Source: All England Reporter
Publisher Citation: [2008] All ER (D) 196 (Jan)
Neutral Citation: [2008] EWHC 89 (Ch)
Court: Chancery Division
Judge:

Susan Prevezer QC (sitting as a deputy judge of the High Court)
Representation Henry Legge (instructed by Mishcon de Reya) for the claimant.
  Sue Carr QC (instructed by Fishburns) for the defendants.
Judgment Dates: 25 January 2008

Catchwords

Disclosure and inspection of documents - Disclosure against parties to proceedings - Party - Claimant bringing proceedings against defendants in relation to preparation of late husband's will - Defendants refusing request for disclosure of estate administration files - Deputy master allowing application for specific disclosure of files in entirety - Deputy master giving directions for service of amended particulars of claim notwithstanding absence of draft - Defendants appealing - Whether deputy master erring.

The Case

Where the defendants in proceedings brought by the claimant relating to the preparation of her late husband's will appealed against an order providing, inter alia, for specific disclosure of the estate administration files, the appeal was dismissed. In the circumstances, the order was not one which the deputy master had been wrong to make in the exercise of his discretion, and the court should not interfere with it. He had been entitled to take the view that the disclosure exercise which had been carried out had not been undertaken properly and had thus been entitled to make an order which ensured that the job was done properly.

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